Adjustment of Status
Adjustment of status is a procedure by which an individual applies for permanent resident status in the United States without leaving the country (thereby avoiding processing at an American embassy abroad). Our Houston immigration attorney can assist you and your loved ones in the adjustment of status process whether within the United States or abroad.
The most common form of adjusting your status to lawful permanent residency happens when an individual is physically present in the United States following a lawful inspection and admission or parole. This means that an immigration officer allowed the individual to enter the United States and gave a formal document as proof of the lawful entry.
Adjustment of status requires a foundational eligibility. The person applying for adjustment of status must have an underlying basis for applying for adjustment of status. The basis for adjustment of status will depend on who is petitioning for the applicant. Our Houston immigration attorney can guide you through who can and cannot petition for the individual seeking lawful permanent resident status in the United States. Typically, the applicant must have a family member or employer willing to petition for them.
Immediate relatives of United States citizens include the following:
- Spouses of United States citizens;
- Unmarried minor children under 21 years old; and
- Parents of United States citizens, if the United States citizen is over 21 years old.
If the applicant does not have an immediate relative they could fall into a preference category for non-immediate relatives which include the following:
- 1st Preference: Unmarried children of United States citizens;
- 2nd Preference: (a) Spouses and children of United States citizens and (b) Unmarried children of United States citizens;
- 3rd Preference: Married children of United States citizens; and
- 4th Preference: Children of adult United States citizens.
If the applicant is able to adjust their status in the United States he or she will be eligible for numerous benefits including a green card, the right to live and work in the United States, a Social Security Card, and the right to travel to and from the United States.
An application for adjustment of status, Form I-485, is filed with United States Citizenship and Immigration Services (USCIS), unless the individual is in removal proceedings, in which case the immigration judge will have control over the application. Our law office has handled adjustment of status cases in front of USCIS and court.
Our immigration law office wants work with you throughout the adjustment of status process. It is important to remember that adjustment of status is a discretionary benefit, neither the immigration judge nor United States Citizenship and Immigration Services (USCIS) is required to grant adjustment of status. In determining whether to grant adjustment of status numerous factors are considered such as any criminal record the applicant may have and connections to the petitioner.
As a whole, it is easier to adjust your status in the United States if you last entered the country legally. However, even if the applicant’s last entry was unlawful there is a still chance to adjust your status in the United States. These cases typically require a waiver (a pardon). Our law office has experience in handling these complicated cases.
Our law office takes the time to carefully analyze your case. Each case is unique and deserves its own attention. Please contact The Law Office of Armand Jawanmardi for a consultation on what you can expect when applying for adjustment of status at (713) 999-9115.