Washington, D.C.-Immigrants who are the U.S. on non-immigrant or work visa or individuals who lack permanent legal status can petition for an adjustment of status. An adjustment of status allows and immigrant to apply for a green card and seek permanent residency in the U.S.
What is an adjustment of status?
Adjustment of status is a procedure through which an individual who has a nonimmigrant visa or is a parolee can change their temporary status to permanent legal status through the United States Immigration and Citizenship Services. An adjustment of status allows an immigrant to seek a green card without having to leave the U.S. USAttorneys recommends you retain an immigration attorney in Washington, D.C. if you would like to apply for an adjustment of status. The process is reserved for immigrants who are in the U.S.
Eligibility for adjustment of status?
You can apply for an adjustment of status after you have determined if fit into a specific immigrant category. The main types of immigrant petitions for adjustment of status are:
Family- A U.S. citizen or individual with permanent legal status can sponsor a close relative—spouse, parent or child- for permanent residency.
Employment- U.S. employers can sponsor an immigrant for a green card or employment based visa.
Special Immigrant Status-Immigrants who fall into certain categories of immigrants. See an immigration lawyer to explain what those categories are.
Humanitarian Programs-Immigrants who are refugees, parolees or are granted asylum can seek an adjustment of status.
Above are the main categories of immigrant petitions that allow an immigrant to seek an adjustment of status. There are other categories of immigrants
Adjustment of status process?
Immigrants can apply for an adjustment of status through the USCIS by submitting a completed Form I-485, Application to Register Permanent Residency or Adjust Status. Once you have submitted that form, you must wait for the USCIS to decide if you will be granted permanent residency.
As part of the process, you must go to a support center to submit your biometrics which can include your fingerprints, photographs, and medical records. You will also have to meet with an immigration agent to apply before you are granted an adjustment of status.
After you have completed your biometrics and interview, you will have to wait for the USCIS to decide on your application. If you are not granted an adjustment of status, you can appeal the decision
What happens if I don’t qualify for an adjustment of status?
If the USCIS denies you application for adjustment of status, you may still be eligible for a green card, but you will need to go through a U.S. consular in your native country. If you are in the U.S. unlawfully for six months or longer, you must leave the country for three or ten years. Before you overstay your visa, USAttorneys recommends you consult with an immigration lawyer near you in Washington D.C. to see what steps you need to obtain legal permanent status.