Adjustment of Status
Adjustment of status is often used as a remedy for someone who is facing removal proceedings in immigration court. Adjustment of status can also be used by someone not currently in removal proceedings but wishes to obtain lawful permanent resident status. Adjustment of status is a defense to removal that may be asserted in immigration court initially or as a renewed application when if you are placed in immigration proceedings after a denial of an application to adjust your status filed with the United States Citizenship and Immigration Services (USCIS).ADJUSTMENT OF STATUS – ELIGIBILITY
To be eligible for adjustment of status, you must be either an immediate relative or fall into one of the preference categories:
Immediate relatives of United States citizens include:
- 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.
The preference categories for Non-Immediate Relatives include:
- 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.
The categories may be confusing so it is essential to call our law office to receive a consultation on where you may fall in the list.ADJUSTMENT OF STATUS – PROCEDURE
The ability to adjust your status in the United States will depend on many factors. Our law firm will need to prove that you are eligible to adjust your status and deserve to have your application granted. For instance, if you are going to adjust your status through a family member who is a United States citizen or lawful permanent resident, you will need to have an approved I-130 petition and a visa must be presently available at the time you are making this defense. Once the immigration judge is satisfied with your eligibility to adjust your status then an immigration court hearing will be scheduled to present your case.
Typically, it is easier to adjust your status in the United States if you last entered the country legally. However, there are many ways available to adjust your status in the United States. Even if you last entered the United States illegally, our law firm can still help you obtain a green card if you meet other requirements. It is extremely important to make sure you have an honest, hard-working, and knowledgeable attorney by your side through this process!ADJUSTMENT OF STATUS– BENEFITS
If you are able to adjust your status in the United States you are entitled to numerous benefits, including but not limited to:
- A green card;
- The right to live and work in the United States without needing an employment authorization card;
- Eligibility for need-based government assistance such as welfare, Medicaid and food stamps, and Supplemental Security Income if you are disabled; and
- Social Security card
Adjustment of status cases can be tricky if you do not have a competent and hard-working immigration lawyer by your side. Whether you last entered the country legally or illegally, you may be eligible to qualify for adjustment of status and receive your green card. It is incredibly important to contact our law office today to make sure you are not missing out on an opportunity to fix your status.
Our law office will take the time to carefully study and understand your case to make sure that you are not barred from eligibility because of a crime you may have committed or a different bar to your application.
Adjustment of status may be denied by an immigration judge if he or she feels you not deserve to have your application granted. Our law firm understands the various factors that come into play when judges reach this decision such as:
- Family ties in the United States;
- Hardship of traveling abroad to process your visa;
- Length of residence in the United States;
- Prior immigration violations; and
- Good moral character during the time preceding the application for adjustment of status.
You need and deserve a law firm and an attorney who will stand by your side through the adjustment of status process and defend your right to be in the United States with undying passion. We want to have the honor of representing you. Please contact The Law Office of Armand Jawanmardi for a free consultation on what you can expect when applying for adjustment of status and what we can do for you at 713-999-9115. We are always available 24 hours a day, 7 days a week to answer your questions.