Talk To A Chicago Immigration Attorney
312-332-2550
Who is Eligible for Adjustment of Status?
Looking for A Specific Post? Search Below
Adjustment of Status (AOS) is a pivotal process in U.S. immigration law that allows eligible individuals to apply for lawful permanent resident status, commonly known as a green card, without having to leave the United States. This process is a significant pathway for many immigrants who wish to transition from a temporary visa status to becoming a permanent resident, thus allowing them to live and work indefinitely in the country.
Understanding Adjustment of Status
AOS is an attractive option for many immigrants as it eliminates the need for consular processing, which requires an applicant to apply for a visa at a U.S. consulate in their home country. By adjusting status while in the U.S., applicants can continue their lives with minimal disruption. This process is governed by the Immigration and National Act and is facilitated through U.S. Citizenship and Immigration Services (USCIS).
Eligibility Criteria for Adjustment of Status
Eligibility for AOS is primarily determined by the applicant’s current visa status, the basis for their adjustment, and adherence to specific requirements. Below are the key eligibility criteria:
- Presence in the U.S.: The applicant must be physically present in the United States.
- Lawful Entry: Generally, the applicant must have been admitted or paroled into the U.S. legally. However, exceptions exist, such as those available under Section 245(i) for certain individuals who entered without inspection but have a qualifying petition filed before April 30, 2001.
- Visa Availability: A visa must be immediately available at the time of filing. This is typically determined by the applicant’s visa category and country of origin.
- Admissibility: The applicant must be admissible to the U.S. or qualify for a waiver of inadmissibility if applicable. Grounds of inadmissibility include criminal records, health-related issues, and prior immigration violations.
- Eligible Categories: Applicants must have an immigrant visa petition approved or concurrently filed. Common categories include family-based and employment-based petitions, humanitarian programs such as asylum or refugee status, and special immigrant categories.
Practical Advice for Applicants
For those considering AOS, preparation is key to a successful application. Here are some vital steps and considerations:
- Gather Documentation: Essential documents include proof of lawful entry, identity documents, proof of relationship to a sponsoring family member or employer, and evidence of visa availability.
- Complete Form I-485: This form is the core of the AOS application. Ensure all sections are completed accurately, as errors can lead to delays or denials.
- Biometric Appointment: Attend the scheduled biometric services appointment for fingerprinting and photographing, which is crucial for security and background checks.
- Interview Preparation: Many applicants will be required to attend an interview. Be prepared to discuss your application and supporting documents comprehensively.
- Common Pitfalls: Avoid common pitfalls such as failing to maintain current visa status, misrepresenting information on applications, or missing deadlines. Consulting with an experienced immigration attorney can mitigate these risks.
Contact Us for Help
At Kriezelman Burton & Associates, LLC, we have extensive experience guiding clients through the complexities of the AOS process. Our team provides meticulous legal assistance to ensure that your journey toward permanent residency is as smooth and successful as possible. Contact us today to schedule a consultation, and let us help you achieve your immigration goals.
Co Mówią Nasi Klienci
Ocena 5 gwiazdek | Na podstawie 200+ pozytywnych opinii na Google
I had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
A family friend referred me to work with Maya Flores at Kriezelman Burton & Associates, LLC to help me with my U.S. naturalization. Despite the current immigration tension, Maya helped make the process smooth and her familiarity with procedure helped ease my anxiety. She submitted the citizenship application on my behalf and let me know what to expect. I decided to retain her service for the civics interview as well,…
I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
I am writing this review to express my deepest gratitude for the hard work on our case by our Immigration Attorney, Lauren McClure and her Paralegal, Kamila Lada. My Green Card was approved! I know this wouldn't have been possible without their expertise and dedication. They both were extremely helpful, responsive, and guided us through every step of the way. Lauren took the time to train us for our interview…
I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
Schedule a consultation!:
Umów się na konsultację!
Libertyville
Reklama prawnika. Informacje te mają wyłącznie charakter ogólny. Przedstawionych informacji nie należy interpretować jako formalnej porady prawnej ani tworzenia relacji prawnik/klient. Wcześniejsze wyniki i referencje nie stanowią gwarancji, rękojmi ani przewidywania wyniku Twojej sprawy i nie powinny być w ten sposób interpretowane. Wyniki z przeszłości nie mogą zagwarantować przyszłych wyników. Jakikolwiek wynik w pojedynczej sprawie nie ma na celu stworzenia oczekiwań podobnych wyników w przyszłych sprawach, ponieważ każdy przypadek wiąże się z wieloma różnymi czynnikami, dlatego też wyniki będą się różnić w każdym przypadku. Podając dane kontaktowe, użytkownicy potwierdzają i wyrażają wyraźną zgodę na kontakt za pośrednictwem udostępnionych metod komunikacji, w tym wiadomości SMS. Mogą obowiązywać stawki za wiadomości i transmisję danych. Częstotliwość wiadomości może się różnić. Odpowiedz STOP, aby zrezygnować.
NUVEW | Prawo autorskie 2025 Wszelkie prawa zastrzeżone | Informacja o dostępności | polityka prywatności