If you or someone you care about is in the U.S. on a valid visa, consider applying for lawful permanent resident status, commonly known as a green card, without the need to leave the country. This process, known as Adjustment of Status, offers a pathway for non-citizen visitors to legally reside and work in the U.S. permanently. The green card process is meticulously regulated by the United States Citizenship and Immigration Services (USCIS).
Adjusting your immigration status can be daunting, as laws are complex and frequently updated. This guide will help you understand the process, determine your eligibility, and explain how the De Castroverde Law Group can expertly navigate you through obtaining your green card.
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What Are the Steps to Applying for an Adjustment of Immigration Status?
While the exact steps you take will vary depending on your circumstances, the USCIS lists eight general steps to apply for an adjustment of status:
Step-by-Step Guide to Adjustment of Immigration Status
1. Determine Your Eligibility Category
Eligibility for a green card through adjustment of status varies significantly based on individual circumstances. The main categories include:
- Immediate Relatives: Spouses, parents, and unmarried children under 21 of U.S. citizens, who generally have visas immediately available to them.
- Other Family Members: This includes unmarried adult children, married children of U.S. citizens, siblings of adult U.S. citizens, spouses, and children of green card holders.
- Refugees and Asylees: Individuals who have been granted asylum or refugee status can apply for a green card one year after their designation.
- Victims of Human Trafficking and Crime: Holders of a T visa (trafficking victims) or U visa (victims of certain crimes) can eventually apply to adjust their status.
- Immigrants with Extraordinary Abilities and Certain Types of Physicians and Investors: This category includes individuals who are recognized as having extraordinary abilities in sciences, arts, education, business, or athletics, as well as some physicians who agree to work in underserved areas and investors who make substantial investments in U.S. businesses.
2. File Your Immigration Petition
A sponsor, typically a family member or employer, initiates the process by filing an immigration petition on your behalf. This step formally recognizes their commitment to support you throughout the residency application process. The specific forms used may include:
- Form I-130 for family-based petitions.
- Form I-140 for employment-based petitions.
- Form I-360 for special cases like widows or special immigrants.
3. Check Visa Availability
Visa availability can vary based on your eligibility category:
- Immediate Relative: Visas are always available.
- Family Preference and Employment-Based Categories: These categories may have annual limits and can require waiting for visa availability, which is dictated by the Visa Bulletin published by the U.S. Department of State.
4. Submit Form I-485
Once a visa is available, you’ll file Form I-485, Application to Register Permanent Residence or Adjust Status. This is your official request to change your status from non-immigrant to permanent resident. Supporting documentation must include proof of eligibility, criminal records, and financial support documents.
5. Attend Biometrics and Interview Appointments
USCIS collects fingerprints, photos, and a signature at the biometrics appointment to conduct security and background checks. An interview is typically scheduled to review the application details and verify your eligibility and integrity. Preparation and accuracy in your responses are critical at this stage.
6. Respond to Additional Information Requests
USCIS may issue Requests for Evidence (RFE) if initial documents are insufficient or require clarification. Timely and complete responses to these requests are crucial to prevent application processing delays.
7. Receive Your Decision
Upon reviewing your application and all supporting documents, USCIS will issue a decision. If approved, you will receive your green card. If denied, you typically receive a written notice explaining the decision. While direct appeals are limited, you may have options to file a motion to reopen or reconsider the decision based on new evidence or corrected application errors.
What Would Make Me Ineligible to Apply for an Adjustment of Status?
If any of the following circumstances apply to you, you are not eligible to submit an adjustment of status application:
- You are not physically present in the United States.
- You are a conditional permanent resident.
- You entered and remain in the United States unlawfully.
- You do not have a valid immigration status.
- You are currently in deportation proceedings.
Do I Need an Attorney to Complete the Adjustment of Status Process?
Although complicated, applying for a green card can be done without the assistance of a lawyer. However, recent changes to immigration policy and increased processing times can turn an already complicated process into a stressful one. Any errors or omissions may cause a severe delay in processing your application, and it can be easy to overlook certain forms if you don’t have legal guidance to assist you.
Considering the complexity of immigration law, it would be beneficial to work with a knowledgeable immigration law attorney who can simplify the process and improve the chances of your application being approved.
How Can De Castroverde Law Group Help Me?
De Castroverde Law Group understands how complex the immigration process is and provides each client with knowledgeable and dependable immigration law representation in English or Spanish. With more than 75 years of combined experience in immigration law, our attorneys will assist you in all matters related to adjusting your immigration status, including:
- Determining Your Eligibility: We’ll work with you to determine which category or categories you qualify for based on your circumstances.
- Prepare and Submit Your Immigration Petition and Form I-485: To make completing the application more accessible, we’ll help you create and manage an account on the USCIS website, letting you get up-to-date information on your application status. Our team will assist you with gathering the required documents to complete the Application to Register Permanent Residence or Adjust Status and submit your application fees.
- Attending Appointments and Interviews: Nevada residents are typically fingerprinted and interviewed at the Las Vegas or Reno immigration offices. Our attorneys will accompany you to your fingerprint appointment and the green card interview.
- Appealing Denials: If your application for an adjustment of status is denied, we will work with you to appeal the decision and submit a motion to reopen or reconsider your application.
Need to Speak to An Attorney?
Navigating the green card process alone is possible but risky due to its complexity and the high stakes involved. An experienced attorney from De Castroverde Law Group can manage your documentation, attend appointments, and address legal queries, reducing the likelihood of delays and increasing your chances of success. For expert assistance with your adjustment of status application or other immigration-related inquiries, contact De Castroverde Law Group. Call us at 702-840-4781 or visit our contact page to schedule a consultation. We are committed to making your journey to U.S. permanent residency as smooth and stress-free as possible.