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Getting a Green Card through Adjustment of Status

Getting a Green Card through Adjustment of Status

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 adjustment 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 defined 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 245(i).

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 at (949) 478-4963

The immigration law firm Yekrangi & Associates has helped thousands of people in Orange County achieving their immigration goals. Contact our office today for a consultation. Immigration is our passion.

Need help with adjustment of status? Call (949) 478-4963 to speak with our immigration attorneys in Irvine or contact us online to schedule a consultation. We also offer services in Spanish, Farsi, and Mandarin. Reach out today!


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