If you or a loved one are in the United States on a valid visa, you may be able to apply for lawful permanent resident status, or a green card, without leaving the country. This process is called Adjustment of Status, and it allows a non-citizen visitor to live and work in the United States permanently. The green card process is regulated by the United States Citizenship and Immigration Services (USCIS)
The laws guiding the adjustment of the status process are complicated and constantly changing, making navigating the immigration system time-consuming and confusing. Continue reading to learn more about the adjustment of status process, eligibility criteria, and how De Castroverde Law Group can successfully help you navigate the green card process.
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:
To be eligible to apply for a green card, you must fall within one of the following categories:
Depending on your eligibility status, your immigration petition will be filed by you or your sponsor. A sponsor, usually your relative or employer, agrees to be responsible for you through the process of gaining lawful permanent residency. They guarantee that you are a person with good intentions of integrating into U.S. society.
The Department of State regulates the number of visas available to the USCIS, with some eligibility statuses requiring an available visa in that category before a petition is accepted. However, visas for immediate relatives of U.S. citizens are unlimited.
After your petition is approved and there is a visa available for your eligibility status, you will file Form I-495. In addition to Form I-485, you may need to file a visa application with the U.S. Department of State.
You will submit your fingerprints, photos, and a copy of your signature at this appointment. You will also sign an acknowledgment that the information provided in your application is accurate.
After your interview and reviewing your documentation, the USCIS will determine if an interview is necessary. Not attending your interview can result in a delay or denial of your green card application.
In some cases, the USCIS may determine they need additional information. This occurred when the USCIS did not receive all requested documentation, the documentation is expired or no longer valid, or the officer reviewing your application requires more information.
The USCIS will send you a notice advising you of their decision. You will receive one of two decisions, approved or denied. Your notice will notify you if you are eligible to appeal the decision. Generally, you are unable to appeal a denial of adjustment of status. However, you may be able to file a motion to reopen or reconsider.
If any of the following circumstances apply to you, you are not eligible to submit an adjustment of status application:
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.
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:
Since 2005, De Castroverde Law Group has helped hundreds of non-citizens like you in the Las Vegas and Summerlin areas through any immigration and criminal law-related matter, whether it’s a quick question about your visa or green card application or another kind of case.
Contact us online or call 702-840-4781. No matter how you qualify for permanent residency, our bilingual, knowledgeable, and dedicated team of over 45 legal professionals and support will work with you every step of the way to ensure the application process is smooth and without delay.
We are here to help you with your immigration legal issue, no matter how big or small. Our team of Spanish speaking immigration attorneys will guide you through the following:
Facing deportation can be overwhelming and confusing. We can help you and your family through every step of the process, from representing you at your deportation hearing to appealing removal orders to the Board of Immigration Appeals.
We have vast experience helping people file for adjustment of status. Whether it be that you are applying as an asylee to get a green card or whether you are transitioning from a visa to a green card, we can help you through your legalization process.
We assist sponsors and their family members with a range of family-based immigration issues, including I-130 immigrant petitions, marriage-based visas, fiancé visas, parent-child petitions, and sibling petitions.
We are here to help you with your immigration legal issue, no matter how big or small. Whether you need assistance with a visa petition, or whether you need to bring your immigration case to federal court, our legal team can guide you through the system and find a resolution.
One common type of immigration is family-based immigration. This occurs when one family member already lives in the United States lawfully, and another family member uses his or her relationship as a basis for immigrating to the U.S. There are two different types of immigration that are considered family-based:
The United States allows people with certain valuable skills to immigrate either temporarily or permanently to the United States. Permanent employment-based immigration allows 140,000 people per year to come the United States. That number is broken up into various subcategories. As for temporary workers, there are more than twenty different types of visas depending on what sort of work a person will be doing here and what the duration of that work is.
Refugees and asylees make up a portion of those who immigrate to the United States. These people are typically fleeing persecution in their home countries or are unable to return to their homeland due to some sort of extraordinary or life-threatening condition. Each of these programs has strict requirements depending on an individual’s situation.
In order for a person to become a United States citizen, he or she must have had his or her green card for at least five years. Under certain limited circumstances, this can be decreased to three years for certain applicants. A naturalization applicant must also be at least 18 years old, be able to demonstrate continuous residency, prove his or her good moral character, pass citizenship exams, and pay application fees in addition to other possible requirements. There are special rules that apply to members of the U.S. military who are seeking citizenship.