An Adjustment Of Status Guide For U.S. Immigrants

If you are an immigrant facing removal proceedings in Austin, Texas, you may wonder what your options are. One option that is available to you is an adjustment of status. This process allows immigrants to apply for a Green Card while still in the United States. 

This blog will discuss adjusting your status and the benefits of doing so. This post will also provide information on Section 245(i), a temporary program allowing some immigrants to adjust their status without leaving the country. 

If you are facing removal proceedings, it is crucial to seek legal advice from an experienced immigration lawyer who can help you choose the best option. Let Lincoln-Goldfinch Law with its skilled and capable immigration attorneys fight for you.

If You Need To Regularize Your Immigration Status In The United States, Make Sure You Know What You Need To Do To Obtain Adjustment Of Status

Adjustment Of Status

Adjustment of status or Section 245(i) is an immigration process available to specific foreign-born individuals currently residing in Austin, Texas, and other parts of the country. It allows them to change their immigration status without leaving the country and going through the consulate processing. 

For example, an individual who entered the country with an expiring tourist visa may apply for an adjustment status to become a lawful permanent resident without having to leave the United States. They can do this without having to go back to their original country to file for an extension. 

Without Section 245(i), immigrants will need to leave the United States to go through the consulate process and apply for a Green Card from outside the country. This may lead to a long wait and possible denial of their application.  With Section 245(i), immigrants can apply for adjustment of status within the United States and may continue their lives while waiting for approval.

Section 245(i) is beneficial because it allows an adjustment status without leaving the country while applying for a Green Card in the United States. It also reduces wait times and increases the chances of approval significantly. 

In addition, under section 245(i), an adjustment may be available even if an immigrant has an unresolved deportation case against them or has committed certain acts that would typically make them ineligible for adjustment.

How To Apply For Adjustment Of Status

Adjustment of status or AOS is a process used by immigrants in the United States to obtain lawful permanent resident (LPR) status without having to leave the country. Generally, adjustment of status can be made through family-based petitions, marriage-based petitions, employer-sponsored petitions, and asylum or refugee applications.

Family-Based Petitions

Family-based adjustment of status applications is for immediate relatives of U.S. citizens. This petition is also for those with a priority date current under the Visa Bulletin. Close relatives include spouses, unmarried children under 21 years old, and parents if the petitioner is over 21. Other family members may also qualify depending on their relationship to the U.S. citizen or LPR sponsor and their place in the visa preference category and priority date.

Marriage-Based Petitions

Adjustment of status can also be made through marriage to a U.S. citizen or LPR sponsor. Spouses, fiancés, and other unmarried family members may qualify for adjustment of status if they meet all the requirements. One requirement is having an approved I-130 petition filed by their qualifying relative. They must also have an immigrant visa number available.

Employer-Sponsored Petitions

You can also obtain permanent residency through employer sponsorship. This can either be through a direct adjustment of status application or consular processing at a U.S. consulate abroad. You have to fill out Form I-140 or Immigrant Petition for Alien Worker. 

The applicant must have a job offer from the sponsor and must meet all the requirements of employment-based adjustment of status. For example, they must prove that they are eligible for an adjustment in the United States and have an approved I-140 petition filed by their employer.

Asylum Or Refugee Applications

Lastly, adjustment of status is also available for individuals fleeing persecution in their home countries and seeking refuge in the United States. Asylum applicants can apply for adjustment of status either with Form I-485 or through consular processing at the U.S. embassy or consulate abroad depending on which program is applicable. You need to speak with an Austin immigration attorney to understand your eligibility for adjustment of status and complete the application process.

Adjustment of status is available for immigrants in the United States who are eligible to become lawful permanent residents. The process involves filing a petition and completing other requirements, depending on which adjustment of status category the immigrant qualifies for. 

If you have any questions about adjustment of status, it is vital to seek help from an Austin immigration attorney. They can guide you through the adjustment of the status process and help you understand your options.

Eligibility Requirements

If you are looking to change your current immigration status in the United States, adjustment of status is one of the most common methods. This adjustment process can be done by applying with U.S. Citizenship and Immigration Services (USCIS). To complete this application, some basic requirements must first be met:

  • You must be physically present in the United States when filing.
  • You must have been inspected, admitted, or paroled into the United States or maintained lawful nonimmigrant status.
  • It would be best if you met all eligibility criteria for adjustment of status.
  • You must not have violated any terms or conditions that could result in deportation from the United States.

Once you have determined that you meet the requirements for adjustment of status, you must decide whether or not you are eligible to file in Austin Texas. It has one of several USCIS offices that will accept adjustment applications. If Austin is not your local office, you may have to travel there and complete your adjustment application at the office.

When filing an adjustment of status petition, it is vital to provide all necessary supporting documents as part of the application package. This includes proof that you have met the eligibility criteria for adjustment. You should also show evidence proving your identity and relationship to any family members who may be included in the petition with you. 

Once your case has been submitted, USCIS will review your application and notify you if they need more information or if they approve or deny your request.

If the adjustment of status is approved, you will receive a temporary proof of authorization that allows you to remain in the country until your Green Card arrives in the mail. Once received, you can legally live and work in the United States.

Can You Get A Green Card Through AOS?

Adjustment of status is one way to obtain a Green Card if you are already inside the United States. It is important to remember that adjustment of status may not always be available or preferable depending on your immigration status and other factors. Therefore, you need to speak with an Austin, Texas immigration attorney as soon as possible when considering an adjustment of status. An experienced immigration lawyer can guide your situation and help you understand all available options.

How Long Does The Process Take?

The adjustment of status process can vary in length depending on the individual case and the USCIS office where the application is filed. Processing times can range from several months to more than a year. Several factors can cause delays in the status process adjustment, including the following. 

  • The number of adjustment applications filed.
  • Requests for additional evidence.
  • USCIS processing times.
  • Completeness and accuracy of the application package.
  • Missing or incorrect information on the forms.

While there is no clear processing timeline for adjustment of status, it is essential to be patient and allow USCIS time to process the application. However, suppose you believe that  USCIS is not acting promptly. In that case, you can contact an Austin immigration attorney who can help guide you through the adjustment process. Also, they can apply for a Writ of Mandamus to get the process moving.

Can An Undocumented Immigrant File For Adjustment Of Status?

Adjustment of status is only available for certain immigrants already legally in the United States. Undocumented immigrants cannot file adjustment applications and must pursue other options. These options include applying for a visa or seeking humanitarian relief if they wish to remain in the United States. 

An Immigration Lawyer Will Help You Figure Out If You Are Eligible For Adjustment Of Status In The U.S.

What Happens After The Change Of Your Status?

Once you receive your adjustment of status approval, you become a permanent resident of the United States. As a permanent resident, you can live and work and travel outside the country for specific periods without losing your status. You may also apply for naturalization after five or three years if married to a U.S. citizen. 

Your adjustment application will also include an Employment Authorization Document (EAD) that allows you to work legally while awaiting your Green Card. To sum it up, an approved status adjustment is essential in obtaining lawful permanent residency in the United States.

It is vital to seek experienced legal guidance and understand all the steps involved in this process. An Austin immigration attorney can provide valuable advice and help you through each step of adjustment status proceedings. With their help, your adjustment petition will proceed smoothly and quickly, allowing you to stay and work legally in the United States.

Get Your Permanent Residency With Lincoln-Goldfinch Law

Adjustment of status can be a complicated process to navigate. The immigration attorneys at Lincoln-Goldfinch Law have the skills and experience to help immigrants in Austin, Texas, and other parts of the world, with the adjustment of status applications and other immigration matters. They offer free consultations, so don’t hesitate to contact them today. Let the Lincoln-Goldfinch Law help you gain permanent residency in the United States.  

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