In this text, we will address what adjustment of status is, how it works, the necessary requirements, the estimated time for completion, who qualifies and who does not qualify for this process.
In addition, we will offer some important tips for a successful adjustment of status.
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What is Status Adjustment?
Adjustment of status is the process by which an immigrant requests a change of their immigration status within the United States, without having to return to their country of origin.
That is, it is a procedure aimed at those who are temporarily present in the United States, such as students or holders of a temporary work visa, and who wish to apply for another type of visa, without leaving the USA or even permanent residence, also known as Green Card.
Status Adjustment Requirements: Learn how it works
To apply for adjustment of status, you must meet certain requirements established by United States immigration laws.
While these requirements may vary by visa category and individual circumstances, in general it is essential:
- be legally in the United States at the time of the application;
- have an approved petition that makes you eligible for adjustment of status;
- meet all admissibility requirements, including health, moral character, and absence of immigration violations.
How long does the status adjustment take?
The time required to complete the adjustment of status may vary depending on several factors such as the volume of applications and the applied visa category.
Although the time varies according to each case, it is possible to say that the process takes, on average, from six months to more than a year to complete.
Who is eligible for the adjustment of status process?
As we have already mentioned, the process offers a viable opportunity for different types of immigrants who wish to obtain a Green Card in the United States.
Accordingly, there are several categories of eligibility, including having a spouse or close relative who is a US citizen or permanent resident.
Additionally, individuals who hold nonimmigrant status in the United States, such as temporary work, student, or investor visa holders, may also be eligible for the adjustment.
Another common category is US citizen fiancé visa holders.
However, it is important to point out that each case is unique and depends on individual circumstances.
Immigration laws are complex and subject to change.
Therefore, it is highly recommended to consult an immigration specialist, such as the D4U Immigration team, to assess the eligibility of each specific case.
Who does not qualify for the AOS?
While adjustment of status is a valuable opportunity for many immigrants, it is important to understand that there are certain situations where it is not applicable.
For example, individuals who entered the United States without going through the border inspection process or those who have significant violations of immigration laws may not be eligible.
In addition, there are other specific circumstances where this process is not an appropriate option, such as:
- individuals who have been convicted of serious crimes;
- that pose risks to national security;
- who have remained in the United States beyond the period authorized by their visa;
- or who are subject to certain specific prohibitions or restrictions under immigration laws.
In these cases, it is essential to seek legal alternatives and explore other available options for regularizing immigration status in the United States.
Consulting an immigration specialist is crucial to understanding the limitations and finding the best solution for your specific situation.
The D4U Immigration team is experienced in handling complex cases and can help you explore all of the options available under current immigration laws.
Tips for a successful Status Adjustment
To increase your chances of success in the process, it's important to follow some tips. Among them are:
1. Consult an immigration specialist
When dealing with such an important and complex process as adjustment of status, it is highly recommended that you seek the advice of a qualified immigration specialist.
An experienced professional will have an in-depth knowledge of US immigration laws and regulations, as well as the latest updates and changes to USCIS (United States Citizenship and Immigration Service) policies.
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2. Organize your documentation
Proper preparation and organization of your documentation is crucial to expediting the status adjustment process.
Make sure you have all relevant documents at hand, such as:
- proof of identity;
- proof of marital status;
- employment records;
- educational and financial background;
- between others.
Organize them in a clear and accessible way, ensuring they are complete and up-to-date, as this helps to avoid unnecessary delays and makes your immigration specialist's job easier when preparing your petition.
3. Be honest and accurate
When filling out forms and providing information during the adjustment process, it is critical to be accurate, complete and, above all, honest in every detail.
Any false, misleading or intentionally omitted information can result in serious consequences, including denial of your request and even the possibility of facing future legal implications.
Therefore, please provide accurate and verifiable information, be prepared to provide supporting documentation when necessary, and seek to cooperate fully with USCIS throughout the process.
4. Track your process
Stay tuned for updates to your adjustment of status case and be prepared to respond promptly to any additional USCIS requests for information or documentation.
This includes keeping your addresses up to date to ensure you receive all important correspondence and notifications related to your case.
Closely monitoring the status of your case and responding promptly to any requests will help to avoid unnecessary delays and ensure that your case progresses efficiently.
5. Stay informed
The field of immigration is subject to constant change, including updates to immigration laws and regulations.
Therefore, it is of paramount importance that you stay informed of the latest changes in immigration laws and USCIS policies.
You can do this through reputable sources such as the official USCIS website, immigration bulletins, up-to-date immigration news, and of course, through the guidance of your immigration specialist.
Conclusion
Adjustment of status is a viable path for those who wish to achieve the long-awaited permanent residency in the United States without having to leave the country.
While the process can be challenging, understanding your requirements and following the correct steps increases your chances of success.
Remember that every case is unique, so seeking expert advice is essential to ensure you are complying with all legal requirements and maximizing your opportunities for successful immigration.
