Let us guide you on your path to obtain permanent residence in the U.S.
Adjustment of Status is the process that allows a person who qualifies to be a lawful permanent resident to obtain a green card without having to leave the United States. Applicants for adjustment of status can apply for a work permit (Employment Authorization Document- EAD) and, if eligible, a travel permit (Advance Parole).
In general, an applicant for adjustment of status must have entered the U.S. legally, must have a visa number immediately available, and must have never violated his immigration status.
There are important exceptions to the general rule. For example:
- INA § 245(i) allows certain individuals who are beneficiaries of a petition filed on or before April 30, 2001, to apply for adjustment of status regardless of:
- How they entered the U.S.
- Working in the U.S. without proper authorization, and
- Failing to continuously maintain lawful status since entry
- Immediate relatives (spouses, parents, and children of U.S. citizens) may adjust their status even if they overstayed or they worked without authorization.
- Certain “Special Immigrants” may be able to adjust their status regardless of how they entered the U.S. or if they worked without authorization. These include:
- Violence Against Women (VAWA) self- petitioners
- Special Immigrant Juvenile Status (SIJS) beneficiaries
- U visa beneficiaries (crime victims)
- Nicaraguan Adjustment and Central American Relief Act (NACARA) 203 beneficiaries
The eligibility requirements vary according to the section of the law that permits an individual to apply for adjustment of status. Each case is unique, and filing an incorrect or incomplete application can have serious consequences for an individual.
Given the often complicated process and the high stakes—a chance at a permanent residency in the United States—involved, it’s imperative that aliens seeking adjustment consult with an experienced immigration attorney.
Call us at (713) 955-2276 to schedule a consultation to discuss your adjustment of status case.