Adjustment of Status Lawyer: Key Factors in Streamlining Your Immigration Journey
Navigating the complex world of immigration law can be an overwhelming task, especially when it comes to the adjustment of status process. This critical step allows immigrants to apply for lawful permanent residency in the United States without having to leave the country. Our team of dedicated and experienced adjustment of status lawyers is here to guide our clients through every aspect of this process, simplifying it and providing support along the way.
We understand that each case is unique, which is why we take the time to listen to our clients’ needs and tailor our strategies according to their individual circumstances. Our lawyers possess extensive knowledge of the immigration system, ensuring that all necessary forms and supporting documents are filed accurately and on time.
Success in the adjustment of status process hinges on many factors, including proper documentation and sound legal representation. Trusting our team of adjustment of status lawyers means placing your future and the future of your family in capable hands. Learn more about adjustment of status lawyer
Understanding Adjustment of Status
Eligibility and Process
Adjustment of Status is a process by which an eligible individual already in the United States can apply for lawful permanent resident status, also known as a Green Card. This process is managed by the United States Citizenship and Immigration Services (USCIS) and is subject to immigration laws and regulations. There are several eligibility categories for adjustment of status, including family-based, employment-based, and humanitarian-based. Let’s look at the most common categories:
- Family-based: If you have a family member who is a U.S. citizen or a lawful permanent resident (LPR), you may be eligible to adjust your status through a family-sponsored immigrant visa.
- Employment-based: If you have a job offer from a U.S. employer and an approved immigrant petition (Form I-140), you may be eligible for an employment-based immigrant visa.
- Humanitarian-based: Individuals who are granted asylum or refugee status, as well as certain victims of crime, trafficking, and abuse, may be eligible for adjustment of status.
To initiate the adjustment of status process, an immigrant petition must be filed on your behalf by a relative (Form I-130) or an employer (Form I-140). Once the petition is approved and a visa number becomes available, the applicant can file the Application to Register Permanent Residence or Adjust Status (Form I-485) with USCIS. The application must include all required documentation and evidence to establish your eligibility for adjustment of status.
Application and Documentation
When applying for adjustment of status, it is crucial to provide the necessary documentation and follow the correct procedures. We recommend working with an experienced immigration attorney who can help guide you through the process and ensure that all paperwork is correctly completed and submitted. Here are some essential documents you will need to prepare:
- Form I-485: The main application form for adjustment of status
- Form I-765: Application for Employment Authorization, if you wish to work while your application is pending
- Form I-131: Application for Travel Document, if you need to travel internationally during the adjustment of status process
- Evidence of Eligibility: Such as a copy of the approved immigrant petition, proof of family relationship (e.g., marriage certificate or birth certificate), or evidence of a job offer and approved Form I-140 for employment-based applicants
- Photos: Passport-style photos taken within 30 days of filing your application
- Fee: The required fee must be paid, either online or by mail
Keep in mind that the specific documentation and evidence required will depend on your eligibility category and individual circumstances. USCIS will also require you to attend an interview at your local Application Support Center, where they will take your fingerprints, photograph, and signature, and verify the information provided in your application.
In conclusion, the adjustment of status process can be complex and time-consuming, but with the help of a competent lawyer, it is possible to navigate the process and obtain your lawful permanent resident status in the United States. Remember to consult with an attorney and thoroughly prepare your application and documentation to improve your chances of a successful outcome.
Legal Assistance and USCIS Interaction
In this section, we will discuss the importance of legal assistance in immigration matters and how immigration attorneys interact with USCIS, the government agency responsible for processing immigration cases.
Role of Immigration Attorneys
When it comes to family-based immigration or employment-based visa processing, immigration attorneys play a crucial role in guiding individuals through the complex procedures. They provide assistance in various immigration matters, including:
- Family or employment-based sponsorship
- Consular processing and visa processing for refugees, asylees, and non-immigrant status applicants
- Work permits, Green Card, or Special Immigrant status applications
- Appeals, motions to reopen or reconsider, and mediating with USCIS on the client’s behalf
Choosing an experienced adjustment of status lawyer is essential as they can help prepare and file necessary forms such as Form I-864 (Affidavit of Support), Form I-693 (Medical Examination), and Form I-360 (Special Immigrant Petition). They can also assist with USCIS biometrics services appointments and immigration interviews.
USCIS Procedures and Fees
The U.S. Citizenship and Immigration Services (USCIS) is responsible for adjudicating immigration applications and maintaining case records. The agency adheres to a strict set of procedures and has specific fees for different applications.
Here’s a brief overview of steps in the immigration process:
- Filing required forms and providing supporting documentation
- Paying USCIS filing fees and biometrics fees
- Attending the biometrics services appointment for fingerprinting
- Responding to requests for evidence (if necessary)
- Appearing for a USCIS interview (if required)
- Receiving the decision on the application
The fees associated with various USCIS processes include:
- Application filing fees (vary depending on the form)
- Biometrics fee ($30-$85)
- Fee waiver eligibility determination (specific income limits)
It’s important to note that USCIS implements periodic fee hikes based on operational needs and processing costs. Applicants can check the current fees on the USCIS website before filing to avoid delays due to incorrect payment.
For any queries or concerns during the immigration process, contacting the USCIS Contact Center is recommended. They provide information on case status, timeline expectations, and assist with general issues that may arise during the process.
Retaining the services of an adjustment of status attorney is highly recommended, especially in situations that involve complex immigration matters, appeals, or communication with USCIS. A professional legal team will help to ensure that your petition is handled effectively and within the correct legal framework, increasing the likelihood of a favorable outcome.