An Adjustment Of Status Attorney Helps You Get A Green Card

For many immigrants, a Green Card is crucial to achieving their immigration goals. The process involves navigating various legal requirements and documentation, which can be overwhelming. An Adjustment of Status attorney can guide you throughout this exciting yet complex journey.

Here, you’ll learn about the Adjustment of Status (AOS) process and its benefits to immigrants. See the various pathways to legal residency to help you understand your options. If your application faces complications, you can learn how an attorney assists in filing appeals.

Advantages Of An Adjustment Of Status Attorney

Hiring an immigration attorney for your AOS process offers numerous benefits. Attorneys can ensure your application is thorough and accurate, thus minimizing the risk of delays or denials. They can handle complex cases involving criminal records or previous immigration violations, providing tailored advice and strategies.

An immigration attorney helps gather and organize the necessary documentation, such as forms and supporting evidence. They will also explain the required application fee and ensure it is submitted correctly, preventing unnecessary delays.

A lawyer can provide detailed responses and legal arguments to support your application. Moreover, they stay updated on changes in immigration policies, which can affect your application.

The Adjustment of Status process involves multiple steps and requirements that can be overwhelming. Understanding these steps and how they benefit immigrants already in the U.S. is crucial to making informed decisions.

Overview Of AOS & Its Benefits To Immigrants

Adjustment of Status lets eligible individuals in the U.S. become lawful permanent residents without returning to their home country. It differs from consular processing, which requires applying in a U.S. embassy or consulate within your country of origin.

One significant advantage of this process is the ability to apply for Employment Authorization Documents (EAD) and Advance Parole. These can allow you to work and travel while your application is pending. This flexibility ensures that you avoid disruptions in your professional or personal life during the application process.

AOS also provides a sense of security, as you do not need to leave the U.S. and risk potential issues with re-entry. It benefits those who have established lives in the U.S., including family, work, and community ties.

Overall, the process offers a convenient and secure pathway to permanent residency for those already in the U.S. If you’re seeking to adjust your status, there are different options.

Various Pathways To Lawful Permanent Residency

Becoming a lawful permanent resident involves several possible pathways, each tailored to different circumstances. Whether through family ties, employment, or asylum, the application begins with filing Form I-485, The Application to Register Permanent Residence or Adjust Status. Depending on your eligibility, an Adjustment of Status attorney can guide you through multiple pathways to consider.

Family-Based Petitions

Family-based petitions allow U.S. citizens and lawful permanent residents (LPR) to sponsor their relatives. Immediate relatives, such as spouses, parents, and unmarried children under 21, receive priority and can typically expect faster processing times. Family-based petitions fall into several preference categories:

• First Preference (F1): Unmarried adult (21 and older) children of U.S. citizens.
• Second Preference (F2A): Spouses and unmarried (under 21) children of LPRs.
• Second Preference (F2B): Unmarried adult children (21 years and older) of lawful permanent residents.
• Third Preference (F3): Married children of U.S. citizens.
• Fourth Preference (F4): Siblings of U.S. citizens 21 years old and above.

Marriage-Based Petitions

Marriage-based petitions are for spouses, fiancés, and other unmarried family members of U.S. citizens or lawful permanent residents. This category also requires the Affidavit of Support (Form I-864) to demonstrate that the sponsor can financially support the immigrant.

The petitioner must prove the authenticity of the marriage through evidence. This includes joint bank accounts, shared property, and photos taken together.

Employee-Sponsored Petitions

Employment-based petitions are another pathway to residency. The critical form is I-130, Immigrant Petition for Alien Worker. Categories include:

• First Preference (EB-1): Priority workers with extraordinary abilities, exceptional professors and researchers, and certain multinational executives and managers.
• Second Preference (EB-2): Professionals having advanced degrees or individuals with exceptional abilities, including those seeking national interest waivers.
• Third Preference (EB-3): Skilled workers, professionals, and other workers.

These petitions require proof of a job offer and, in some cases, labor certification from the Department of Labor. This thorough vetting process ensures that qualified applicants receive employment-based Green Cards, reflecting their critical contributions to the U.S. workforce.

Asylum Or Refugee Applications

Applicants can file Form I-485, typically after one year of being granted asylum or entering the U.S. as a refugee. This pathway requires evidence of their continued eligibility for their status.

Like the other Visas, this option requires applicants to undergo biometrics. It involves providing fingerprints, photographs, and signatures at a designated USCIS Application Support Center.

Recognizing the different pathways to lawful permanent residency is only the beginning. To navigate these complexities successfully, applicants must meet specific eligibility criteria and address any potential challenges that may arise during the application process.

Eligibility Requirements For Getting A Green Card

Before applying for Adjustment of Status, it’s crucial to understand the qualifications to obtain a Green Card. The criteria vary depending on the category under which you are applying, but there are general requirements that all applicants must meet.

• Being physically present in the U.S.
• Having a valid Visa or lawful entry.
• Being eligible for one category that allows for AOS (e.g., family, employment, asylum).

Grounds for inadmissibility, such as certain criminal records, immigration violations, health issues, or security concerns, can prevent an applicant from adjusting status. For example, crimes involving moral turpitude, drug offenses, and previous deportations are significant barriers. Additionally, active infectious diseases or a history of fraudulent activities can result in ineligibility.

However, applicants may seek waivers or other legal remedies to overcome these obstacles. Waivers are often available for humanitarian reasons. These documents keep families together or can be used in cases where the applicant can prove that their presence in the U.S. serves the national interest.

Undocumented immigrants cannot adjust their status through this process. However, they can apply for a Visa through specific channels or seek humanitarian relief. If your application is challenged or denied, it does not end your journey to permanent residency. An immigration lawyer can assist with appeals.

Adjustment Of Status Attorney Helps With Appeals

If USCIS has denied your AOS application, you can appeal with the help of an attorney. Denials often stem from issues highlighted in a Notice of Intent to Deny (NOID) or a Request for Evidence (RFE), which are issued to give you a chance to address potential issues. An immigration attorney can help you accurately present evidence and help strengthen your case.

An appeal must be submitted within a specific timeframe, typically within 30 days of the denial notice. The immigration attorney will review the reasons for the denial and gather additional evidence. Finally, they will assist in submitting a well-argued appeal to the USCIS or the Board of Immigration Appeals (BIA).

An Adjustment of Status lawyer also assists in filing motions to reopen or reconsider a denied application. A motion to reopen provides new facts and evidence not previously available. In contrast, a motion to reconsider argues that the decision must be corrected based on existing evidence and legal standards.

An experienced attorney can enhance the likelihood of a successful appeal. They can identify and address any weaknesses in the original application and provide strong legal arguments to support your case.

Factors Affecting Timelines For AOS Applications

The timeline for an Adjustment of Status (AOS) application can vary widely depending on several aspects. USCIS issues a receipt notice containing a unique case number that you can use to monitor your application’s status online. Recognizing these factors can help you take steps to expedite the process. Here are things to consider:

• The number of adjustment applications filed.
• Requests for additional evidence.
• USCIS processing times.
• Completeness and accuracy of the application package.
• Missing or incorrect information on the forms.

Checking your Visa’s priority date in Form I-797, Notice of Action, and responding promptly to requests for additional information can be helpful. Applicants should also ensure that all supporting documents, such as certificates, travel history documents, and medical examination results, are correctly translated and certified if necessary.

Once you’ve navigated the complexities of the AOS application process and received approval, it’s essential to understand what comes next. Knowing what to expect after obtaining your Green Card can help you transition smoothly into your new status.

Next Step After A Permanent Residency Status

Becoming a permanent resident entitles you to live and work in the U.S. permanently, travel abroad, and sponsor certain family members for residency. However, you maintain your status by following your residency terms and complying with U.S. laws.

The path to citizenship involves meeting residency requirements, demonstrating good moral character, passing a civics test, and proving English proficiency. Typically, permanent residents can apply for citizenship after five years (three years if married to a U.S. citizen).

Permanent residents should keep records of their time spent outside the U.S., as extended absences can affect their eligibility for naturalization. They should also ensure that they file U.S. tax returns and avoid criminal activity that could jeopardize their status.

Navigating permanent residency can be challenging. However, after understanding the steps, requirements, and issues, having a knowledgeable lawyer becomes invaluable.

Abogada Kate Helps You Through The AOS Process

At Abogada Kate, we understand that navigating the AOS process can be overwhelming. That’s why we are here to assist you every step of the way. Our experience in the complexities of the immigration system allows us to provide clear guidance.

We help gather the necessary documentation, prepare for interviews, and respond to requests for additional information or notices of intent to deny. We aim to ensure your application is thorough and precise, addressing any issues proactively to avoid potential setbacks.

We take pride in our work and strive to give compassionate service that ensures you feel supported and informed throughout the process. At Abogada Kate, we are committed to helping you achieve your dream of permanent residency with peace of mind.

Summary

Adjustment of Status is a crucial process for immigrants aiming to obtain permanent residency in the U.S. Hiring an Adjustment of Status attorney provides numerous benefits, including navigating complex cases and ensuring a complete and accurate application.

There are various pathways to permanent residency, such as through family or employment, each with specific requirements and processes. Understanding the eligibility criteria and the appeal process is crucial for a successful application.

Additionally, knowing how to expedite your application can save valuable time. Once you obtain permanent residency, maintaining your status and eventually pursuing citizenship are essential next steps.