In the United States, the plight of legalizing immigration status is made harder, particularly for immigrants in deportation cases. But, if you have a relative who is a lawful permanent resident or a U. S. citizen then there could be a chance to obtain a green card. This guide will endeavor to explore the process of changing your status and achieving the American dream.
Understanding Adjustment of Status
Adjustment of status means an application of an alien who is already present in the United States for a Green card status. It is a possibility to touch on an important aspect of the life of undocumented immigrants that, however, has its serious conditions.
To be eligible for adjustment of status, you must meet the following requirements:
Lawful Entry
You should enter this country legally and meet the requirements relating to your admission to the United States. You gained admission under the Immigration Act, indicating that you underwent inspection and received permission to enter at a border/post of any state within the United States. However, there are certain reliefs in case one is applying for an immigration number under Section 245 (i) of INA.
Admissibility
To enter the country, you must meet the necessary qualifications and not be prohibited from doing so, as failure to provide relevant evidence and establish defenses can lead to inadmissibility, which may require legal assistance from an immigration attorney to navigate.
Qualifying Relative
The U.S. immigration authorities require applicants to have an eligible beneficiary, typically a spouse, child, or immediate family member who is either a U.S. citizen or Legal Permanent Resident, and for whom they are seeking a green card.
Visa Petition Approval
A visa petition for you must be completed and granted by U. S. Citizenship and Immigration Services (USCIS). Your U.S. relative typically files this petition to help acknowledge your existence. It is as significant as some of the other hallmarks in the process.
Available Visa Number
There must be an immediately available visa number or priority date. The availability of visas can vary based on family preference categories and country of origin. It’s essential to stay updated on visa bulletin updates.
No Immigration Violations
You should not have any serious immigration violations on your record. If you are married to a U.S. citizen and your only violation was unauthorized employment, exceptions may apply.
These requirements are subject to special rules and exceptions, making it crucial to consult an immigration attorney for personalized guidance.
The Special Case: Section 245(i)
For undocumented immigrants who did not enter the U.S. lawfully or violated their immigration status, there’s a rare but beneficial option known as Section 245(i). This provision allows adjustment of status under certain circumstances:
- You must be the beneficiary of a visa petition or labor certification filed on or before April 30, 2001.
- Alternatively, you must have a visa petition or labor certification filed between January 14, 1998, and April 30, 2001, and prove your physical presence in the U.S. on December 21, 2000.
When filed, these petitions or labor certifications must have received or been eligible for approval without involving any fraudulent activity. While Section 245(i) is uncommon, it can be a lifeline for those who qualify.
Navigating Adjustment of Status in Immigration Court Removal Proceedings
In standard cases, USCIS handles the adjustment of status applications. However, when you are in removal proceedings before an immigration judge, the process differs:
- USCIS processes and decides on Form I-130, Petition for Alien Relative, filed by your U.S. citizen or LPR petitioner. Approval of this petition is essential to move forward.
- Once the I-130 is approved, the immigration judge takes charge of Form I-485, Application to Adjust Status or Register Permanent Residence. In court proceedings, special rules may apply.
For example, if you’re adjusting your status based on marriage and the marriage occurred while you were in removal proceedings, you must provide “clear and convincing” evidence of the marriage’s authenticity. This higher burden of proof means your evidence must outweigh any doubts the judge may have.
You’ll need to submit documents supporting the legitimacy of your marriage, testify at the proceedings, and undergo questioning by the government attorney and the judge.
Seeking Legal Assistance
Given the complexity of the deportation process and the intricacies of adjusting your status, it’s highly advisable to seek legal counsel. An experienced immigration attorney can navigate the nuances of your case, increasing your chances of a successful adjustment of status.
For more information and tailored guidance, consult with an immigration attorney who specializes in deportation and removal proceedings. Your American dream may still be within reach.
In conclusion, despite the challenges of removal proceedings, adjustment of status based on family is a viable option for some undocumented immigrants. By meeting specific criteria and seeking legal assistance, you can pursue your path to lawful permanent residency in the United States.
To explore further and address your unique situation, contact a qualified immigration attorney who can provide the expertise and support you need.
