Adjustment of Status

Adjustment of status is the process used by a foreign national who is in the United States to become a lawful permanent resident. This is an alternative to obtaining an immigrant visa through a U.S. consulate abroad.

Due to backlog at USCIS service centers, adjustment of status may be preferred over consular processing because:

• It avoids the expense and inconvenience of travel back to the home country.

• Have a family based immigrant visa petition approved and a current priority date;

• Employment-based applicants receive job mobility benefits provided under recent legislation.

• There are more options for reconsideration of an unfavorable decision by USCIS.

In order to qualify for Adjustment of Status, you must fall into one of the following categories:

• Have been approved (or be approvable, in certain categories) for an immigrant visa based on an offer of employment and approved Labor Certification, as necessary;

• Have a family based immigrant visa petition approved and a current priority date;

• Have been a finance who was admitted on a K-1 visa and have been married to the U.S. citizen who petitioned for him or her within 90 days of entering the country;

• Have been granted asylum or refugee status and have been in the U.S. for more than a one year;

• Have been or be a Cuban citizen or native that has lived in the U.S. for at least one year after being admitted into the U.S.;

• Have been a continuous resident of the U.S. since Jan. 1, 1972; or,

• Hold other status that may allow for a petition, such as a Diversity Visa Lottery winner, veteran of U.S. military service, etc.

The following classes of people shall not receive adjustment of status:

• Alien crewmen

• Anyone (other than "immediate relatives" as that term is specially defined), who continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States;

• Any alien admitted in transit without visa under section 212(d)(4)(C);

• An alien (other than an immediate relative) who was admitted as a non-immigrant visitor under the visa waiver program;

• Aliens who are deportable under section;

• Any alien who seeks adjustment of status to that of an immigrant through an employment based preference and is not in a lawful non-immigrant status; or

• Any alien who was employed while the alien was an unauthorized alien, or who has otherwise violated the terms of a nonimmigrant visa.

The Sheena Law Firm will thoroughly review your history to make certain you qualify to adjust your status to that of a Permanent Resident in the United States.

If you do not qualify for adjustment of status, our experienced attorneys and staff will consider other options such as Consular processing for Permanent Residency. Contact us Today to discuss your case.