A green card, also known as a Permanent Resident Card, grants legal residence in the United States to foreign nationals. Even though the details of selecting persons for granting a green card are rather clear, the procedure of application remains non-standard and may differ in the concrete case. In this article, we will discuss what the’ adjustment of status ‘means and to whom it is appropriate in this U.S.-based process.
Understanding Adjustment of Status
In simple terms, adjustment of status means a method whereby foreign nationals already in America can apply for an immigrant visa or a green card without having to leave the place and have an interview abroad at any U. S. consulate. This process is different from “consular processing, that is, when applicants apply for a Green Card while still in their home country and attend an interview at the Consulate General of the United States in their country.
The important question that one wants to answer having to do with adjustment of status is this: do you qualify? In this guide, you will learn about the different categories of those persons who can apply for the adjustment of status procedure.
The Significance of Eligibility for “Adjust Status”
For some individuals, powerfully determining the possibility of getting the “adjusting status” is no less crucial than meeting the basic requirements for a green card. This is particularly true for those who have accrued 180 days or more of “unlawful presence” in the U. S., as defined in the article titled “Consequences of Unlawful Presence in the U. S.: Three and Ten Year Time Bar.”
Staying in the United States without permission can have serious consequences. If caught, you could be banned from re-entering the country for three to ten years, depending on the length of your unlawful stay.
Despite the aforementioned ones, other valid reasons would allow a candidate to obtain a waiver based on the evidence of extreme hardship to qualifying relatives.
Under the Law, foreign nationals who qualify for adjustment of status can avoid returning to their consulates for interviews related to the five or fifteen-year time bar.
Eligibility Criteria for Adjustment of Status
They also have to qualify for the so-called ‘adjustment of status’ which has its statutory basis in section 245 of the INA. The eligibility requirements include:
Meeting Green Card Eligibility Criteria: It is only those who meet the general requirements of being an immigrant or applicant for a green card in the United States The applicant must have a sponsor from an employer within the United States or a relative who is a U. S. citizen/ permanent resident or have secured asylum or refugee status at least for one year or more.
Approved Petition from USCIS: For employment purposes, only refugees with an approved USCIS petition (Form I-130, I-360, or I-140) and a current priority date must apply, for family-based refugee petitions, similar requirements apply.
K-1 Fiancé Visa: As formerly stated anyone who arrived in the U. S on a K-1 fiancé visa must have married his/her sponsor within the period allowed by the visa, 90 days.
Asylum or Refugee Status: To be eligible based on asylum or refugee status, you must have at least one year since either your asylum was granted or you entered the U.S. as a recognized refugee.
Physical Presence in the U. S.: They should be available to attend physical classes or meetings physically in the United States.
Admission with Permission:
By immigration officers, inspections are often conducted on POS and Adjustees to confirm lawful entry into the U.S. Additionally, a valid visa must be in possession of porators when filing an adjustment of status application. An adjustment of status application may be denied due to reasons including, but not limited to, an immigrant’s lack of authorization to stay beyond the permitted time or work for an employer other than the one specified in the immigration agreement
Exceptions:
Nevertheless, there are some exceptions such as the follow-to-join refugees/asylees, the immediate relatives of the U.S citizens including children, spouses, or parents, the VAWA self-petitioners, the T or U visa holders which is applicable for those who are victims of crime or human trafficking and certain section 245(i).
Special Cases: Section 245(i)
In certain cases, individuals who have resided in the U.S. for an extended period may be eligible for adjustment of status under Section 245(i) and the LIFE Act. These laws provide an opportunity to adjust status by paying a $1,000 penalty fee. To qualify for this option, applicants must demonstrate:
- Beneficiary of an immigrant petition or labor certification application filed on or before April 30, 2001.
- Physical presence in the U.S. on December 21, 2000, if the petition was filed between January 14, 1998, and April 30, 2001.
- It’s important to note that eligibility under Section 245(i) has become increasingly rare.
Navigating the complexities of green card eligibility and the adjustment of the status process can be challenging. When uncertainty arises regarding eligibility, it is advisable not to take any risks. Consulting with an experienced immigration attorney can provide a thorough analysis of your rights and options.
In conclusion, understanding the nuances of adjustment of status and who can benefit from this U.S.-based procedure is essential for individuals seeking to obtain a green card while residing in the United States. By meeting the eligibility criteria and adhering to the requirements, applicants can take significant steps toward achieving lawful permanent residence.
