San Francisco Adjustment of Status Attorneys

Determining Eligibility for Adjustment of Status

Adjustment of status is a process that allows immigrants who are already in the United States to apply to become lawful permanent residents and receive a Green Card while remaining in the country. This option is often preferred due to its convenience and efficiency. It can ensure that immigrants who are eligible for permanent residence can transition smoothly to their new status without the need to leave the United States and complete procedures in a different country. At Hafey & Karim, we work to help our clients navigate this process, assisting in preparing information and records that will be submitted in their applications and advising them on how to address any issues they may encounter.

Requirements for Adjustment of Status

To successfully adjust an immigration status, a person must meet several specific requirements:

• Eligibility category: A person must have a valid basis for adjustment, such as sponsorship from a family relationship, a valid employment offer from an employer who will provide sponsorship for an immigrant visa, or a special immigrant category.
• Legal entry: A person generally must have been admitted or paroled into the U.S. legally. This means they entered the country with valid documentation and were inspected by an immigration officer.
• Visa availability: A visa must be available for the appropriate category at the time of filing an application for adjustment of status.
• Admissibility: A person must be admissible to the U.S. This includes passing background checks, having no disqualifying criminal convictions, and no previous violations of immigration laws.

Steps to Adjust Status

The process of adjusting status involves several key steps:

1. Determine eligibility: The first step is to determine whether a person meets all eligibility requirements for adjustment of status. They may need to compile documentation of a family relationship, employment offer, or the requirements of another category of immigration.
2. File Form I-130 or I-140: For those who are being sponsored by a family member, the U.S. citizen or lawful permanent resident relative sponsor must file Form I-130, Petition for Alien Relative. For employment-based applications, the employer must file Form I-140, Immigrant Petition for Alien Worker.
3. Visa availability: The Visa Bulletin published by the U.S. Department of State will specify when a visa will be available based on the category, the person's country of origin, and the date Form I-130 or I-140 was filed. Immediate relatives of U.S. citizens generally do not need to wait for a visa number.
4. File Form I-485: Once a visa is available, a person will submit an Application to Register Permanent Residence or Adjust Status through U.S. Citizenship and Immigration Services (USCIS). This form includes personal information and details the evidence of eligibility for a Green Card.
5. Submit supporting documents: Along with the application to adjust status, multiple documents must be filed. These may include proof of legal entry into the U.S., records showing that there is a valid relationship with a sponsoring family member or a genuine employment offer, records of a medical examination and vaccinations, and an Affidavit of Support from a sponsoring family member.
6. Attend interview: USCIS may require an interview to verify the information in an application. During the interview, a person may be asked about their background, their plans while residing in the United States, and any other information that may confirm the authenticity of the information provided in their application.
7. Decision: USCIS will review the application and records from the interview, conduct background checks, and decide whether to approve the person for a Green Card.

Potential Issues Affecting Adjustment of Status

Several issues could affect the decisions about whether to grant an adjustment of status, including:

• Unlawful presence: If a person entered the United States without authorization or remained in the country after the expiration of their nonimmigrant status, this may affect their eligibility for an adjustment of status.
• Criminal convictions: Certain types of crimes may cause a person to be deemed inadmissible. Depending on the nature of the charges, it may be possible to receive a Waiver of Inadmissibility.
• Public charge: A person must demonstrate that they have adequate financial support and are unlikely to rely on government assistance.

Contact Our San Francisco and Dallas Adjustment of Status Lawyers

Securing a Green Card through an adjustment of status can be a critical step that will allow a person to maintain stability and security in the United States. At Hafey & Karim, our experienced, dedicated attorneys can provide guidance throughout the application process, ensuring that all information is submitted correctly and addressing any potential issues that may affect eligibility for an adjustment of status. Reach out to us to set up your initial consultation. We are ready to provide the legal help and representation needed during the immigration process.