What is Adjustment of Status?
Not everyone is eligible for
adjustment of status. Adjustment of status is the process where you request a
green card while you are inside the United States. This is different than obtaining
permanent residency through an embassy or consulate in another country,
commonly referred to as "consular processing."
How do I apply for Adjustment of Status?
Obtaining a green card through adjustent of status first requires that
there be a basis for obtaining a green card. The most common bases for
you to obtain a green card is through an immediate relative petition,
in the form
I-130 or an employer's petition in the form
I-140. When these forms are approved, you can then proceed to form
I-485, the application to adjust status. Many individuals are eligible for concurrent
filing, meaning they can submit the I-130 or I-140 and I-485 together.
This is where you must speak to an experienced immigration lawyer to determine
if you are eligible for concurrent filing.
Who is Eligible for Adjustment of Status?
Not everyone is eligible for adjustment of status and many will need to
seek consular processing. Before proceeding with any of these applications
or petition, make sure you speak to an immigration attorney to determine
your eligibility. Those who are not eligible for adjustment of status
include those who failed to remain in lawful immigration status (with
exception to "immediate relatives" as specifically defiend by the Immigration and Nationality Act),
those who entered the country without inspection, those who worked without
authorization (with exception of immediate relatives). Others may be eligible
for adjustment of status pursuant to
Because of the fact specific nature of who qualifies for adjustment of
status, it is critical to speak to an immigration attorney. Often times,
individuals spend filing fees only to learn that they were not eligible
for the benefit sought.
Contact an Experienced Anaheim Immigration Attorney
The immigration Law Office of Ashkan Yekrangi has helped thousands of people
in achieving their immigration goals.
Contact our office today for a consultation. Immigration is our passion.