Status Adjustment Attorneys in New Orleans
Adjustment of status is a process by which a person changes their immigration status to that of a lawful permanent resident. To apply for adjustment of status, the individual must meet several requirements and may remain in the United States while their adjustment application is being processed.
The following explains what you need to know about this process:
Status adjustment categories:
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Family-based adjustment: This category includes immediate relatives of U.S. citizens who can immediately apply for adjustment of status for their parents, spouses, and unmarried children under 21. U.S. citizens can also apply for adjustment of status for their married or unmarried adult children and/or their siblings.
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Legal permanent residents can also apply for adjustment for their family members, limited to their spouses and children, as well as their unmarried adult sons and daughters.
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It is important to know that there are legal limitations preventing certain visa holders from applying for adjustment of status for their family members, so it is recommended to seek advice before submitting an application in this category.
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Employment-based adjustment: Immigrants under the Employment Preference Category 1 are eligible to apply for adjustment of status.
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Green card through humanitarian visas, such as: Refugee or Asylum status, victims of human trafficking, victims of abuse or as special immigrants.
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Other eligibility categories for adjustment include: green card under the Cuban Adjustment Act, among others.
What is the average processing time?
Status adjustment cases have been significantly delayed due to several factors in recent years. In many cases, processing time can take up to 18 months, depending on various circumstances, including the workload at USCIS. This timeframe can be extended and depends entirely on your individual case and circumstances.
You can remain in the country while your application is being processed, but be sure to speak with a legal representative if you have any questions about the expiration or extension of your visa.
Forms required for Adjustment of Status
In most cases, you need to complete several forms for the application, and this depends on the category under which you are applying.
It is very important to review your case with a qualified professional and/or verify the form requirements, supporting documentation, and other details to ensure that you provide accurate information in your application to the government.
Adjustment of Status Checklist: Example of a Family-Based Petition and Green Card process
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Determine if you are eligible for a Green Card: The eligibility requirements vary for each category. Before you apply for Adjustment of Status , you must determine your immigrant category.
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File an immigration petition: Someone must file a petition for you, providing evidence of your relationship and immigration history.
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Check visa availability: The US Department of State sets the number of available visas for each immigrant category. Depending on your eligibility, you may only file Form I-485 until a visa is available in your category.
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File Form I-485: If you are in the United States and are eligible for adjustment of status , you may file a Form I-485 and other corresponding necessary forms and documents depending on your eligibility.
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This application package usually includes an Affidavit of Support, where your petitioning family member must show that you are able to be supported financially in the United States and are not likely to be a public charge.
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You will also be required to provide a medical examination to the government through an authorized office before receiving your green card.
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Provide your biometrics at your local Application Support Center: After you file Form I-485, you may receive an appointment to provide your photography, fingerprints, and signature.
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Attend the interview (if applicable): You and your family member who petitioned for you may be required to answer questions under oath in your nearest USCIS office. You may also be required to submit additional evidence to support your case.
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Receive a decision: If your petition is approved, you might receive an approval notice before you receive your green card.
Do you want to apply for an adjustment of status? We are here to help!
At Golden Muños Law, we love to provide legal services and counsel to immigrants during every stage of their journey to become Green card holders and US citizens. We know well the importance of diversity to a country's culture. Our team of attorneys is made up of professionals from different backgrounds and areas of expertise, ready to help identify the special needs of your case from different perspectives.