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 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. Additionally, 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.
What are the main steps in the adjustment of status process
The Adjustment of Status (AOS) process allows eligible individuals in the U.S. to apply for a green card without leaving the country. Here are the main steps involved in this process:
1. Determine Eligibility
- Verify that you meet the eligibility requirements for AOS, which typically include being physically present in the U.S., having made a lawful entry, and being the beneficiary of an approved immigrant petition (e.g., Form I-130 or I-140) or qualifying for a category that allows concurrent filing.
2. Gather Required Documents
Collect necessary documentation to support your application. This may include:
- Proof of identity (passport, birth certificate)
- Immigration history (I-94 form, visa stamps)
- Evidence of your relationship to a U.S. citizen or lawful permanent resident (if applicable)
- Medical examination results (Form I-693)
- Affidavit of support (Form I-864) if required.
3. Complete Form I-485
- Fill out Form I-485, Application to Register Permanent Residence or Adjust Status. This form requires detailed personal information, including your immigration history and employment details.
4. File Your Application
- Submit your completed Form I-485 along with any required supporting documents and the appropriate filing fee to U.S. Citizenship and Immigration Services (USCIS). Ensure that you send it to the correct address based on your eligibility category34.
5. Attend Biometrics Appointment
- After filing, you will receive a notice for a biometrics appointment where you will provide fingerprints, photographs, and signatures. This step is crucial for background checks and identity verification.
6. Interview with USCIS (if required)
- USCIS may schedule an interview to review your application and confirm information provided. You will be notified of the date, time, and location for this interview.
7. Receive Decision
After processing your application, USCIS will send you a decision notice:
- If approved, you will receive an approval notice followed by your green card.
- If denied, you will receive a notice explaining the reasons for denial and whether you can appeal or file a motion to reopen.
8. Receive Your Green Card
- Upon approval, your green card will be mailed to you, granting you lawful permanent resident status in the United States.
Each of these steps is crucial for successfully navigating the Adjustment of Status process, which can take several months to over a year depending on various factors such as case complexity and USCIS processing time
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an Asylum and Refugee Visa or a Student Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
