Adjustment of Status

Charleston Immigration Lawyer Explains Adjustment of Status

There are two paths to changing from a non-immigrant status to an immigrant status and becoming a lawful permanent resident with a green card. One is Consular Processing whereby applicants are either outside the U.S. or in the U.S. but not eligible for processing within the U.S. The other called adjustment of status permits those legally in the U.S. to obtain their green cards without having to leave the U.S., interrupt their work or disrupt their families.

To qualify for this program, a previously approved petition in either a family based, employment based, humanitarian based or special immigrant based category must exist or be filed contemporaneously. This condition is mandatory to proceed with the adjustment of status.

Submission Process

Generally, the application requires submitting USCIS Form I-485, all accompanying documentation and paying all required filing fees. Biometrics and an interview will be required. Not every denial can be appealed. In some instances travel plans have to be restricted during this immigration process.

This is a lengthy, detailed and costly process and attorney representation should be considered. Otherwise, after much time and expense a denial means a loss of filing fees and green card opportunity. As we continually like to say, "with immigration nothing is as simple as it first appears℠."