Learning that you have been placed in removal proceedings can leave you feeling scared and unsure about your future here in the U.S. However, adjustment of status may be an option to help you remain in the country. Read on to learn if you are eligible.
How the Adjustment of Status Process Works
Adjustment of status allows foreign nationals currently living in the United States to apply for lawful permanent residency. Those who are living outside of the United States are not eligible for adjustment of status and would have to apply for permanent residency status through consular processing.
Obtaining a Green Card Through Adjustment of Status
A family-based green card through adjustment of status could help you remain in the United States if you meet the following requirements:
- You must have lawfully entered into the United States
- You are deemed admissible and have not been barred from entry into the U.S.
- You have a relative who is a legal permanent resident or is a U.S. citizen
- You have a visa petition that has been filed by your U.S. relative and approved by the U.S. Citizenship and Immigration Services (USCIS)
- You have a visa number or immediately available priority date
- You have not violated any immigration laws
Adjustment of Status Through I.N.A. Section 245(i)
Under immigration law, an undocumented immigrant who did not enter the U.S. lawfully may be eligible for adjustment of status through Section 245(i). You may qualify for adjustment of status through this provision if:
- You are a beneficiary of a visa petition, or labor certification was filed with the USCIS or Department of Labor on or before April 30, 2001.
- You are a beneficiary of a visa petition or labor certification filed with the USCIS or Department of Labor between January 15, 1998, and April 30, 2001.
- You can prove you were physically present in the U.S. on December 21, 2000
Applying for adjustment of status under Section 245(i) can be a complicated process. Having an experienced attorney assist you can help you avoid mistakes.
Why Having an Immigration Attorney Is Critical
It’s not a secret that navigating immigration laws and its processes can be a challenging task. Attempting to take on immigration law alone can be detrimental to your case. A skilled immigration attorney in Irvine can guide you through the application process and assist you with gathering all necessary documentation and evidence that will be helpful to your situation.
If you or a loved one is facing deportation or needs assistance with any immigration matter, we can help. Contact Yekrangi & Associates today at (949) 478-4963 for all your immigration needs.