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Adjustment of Status Immigration Lawyer

There are a number of reasons why a person who currently resides in the United States may want to change his or her status to that of a permanent resident. For instance, an international student may be want to begin their career in the United States, a temporary worker may find long term employment, or either of the above may find a marriage partner. These are all valid bases for lawful permanent residency, but the temporary status of a person in these situations does not automatically change on their account. In order to gain the legal right to live in the United States on a permanent basis, where you previously resided on a temporary one, you will need to apply for Adjustment of Status.

Adjustment of Status is a good option for those already present in the United States on a visa. Those who are looking to immigrate directly from their home country instead must go through a process called consular processing, which requires meeting with a consular officer for an interview at a consulate or embassy in their home country. Anybody eligible for adjustment of status is also eligible for consular processing, and some choose consular processing despite the inconvenience of returning to their home country both because the process is generally quicker and the fees are lower.  

Several factors determine an immigrant’s eligibility for Adjustment of Status. First, the applicant must be physically present in the United States. Additionally, in the overwhelming majority of cases, the applicant must have entered the United States legally. One of the few exceptions to this rule is that a familial relationship of a citizen or lawful permanent resident who has suffered physical abuse can still apply, despite having entered the country illegally, if they can demonstrate that it is necessary to protect them from said abuse. The applicant also must not be “removable” from the United States, which means that they cannot be either inadmissible or eligible for deportation. Furthermore, the applicant must have a basis for lawful permanent residency. This may include:

  • A blood relationship with a citizen or lawful permanent resident
  • Marriage to a citizen or lawful permanent resident
  • Employment within the United States
  • Political Asylum, in cases where the applicant's home country is made unsafe for them due to persecution on the basis of their race, religion, nationality, political opinion, or membership in a particular social group.

The applicant’s hurdles do not necessarily end there. Even when it is demonstrated successfully that the applicant meets these requirements of entry, their eligibility may still be jeopardized if their situation changes, or if they have taken part in any criminal activity or unauthorized work. The United States Citizenship and Immigration Services officers who review your application may also find it necessary to establish an interview. This often occurs for marriage-based applications, in order for the USCIS to ensure that your marriage is “bona fide” or genuine, rather than a sham marriage entered into for the sole purpose of obtaining a green card.

Immigration Lawyer For Adjustment of Status

As you can see, this process can often become complicated. Therefore, in order to avoid any potential pitfalls and ensure that your application runs as smoothly as possible, it’s important that you seek out the assistance of an experienced Adjustment of Status Immigration Lawyer. At Velter, Yurovsky, & Zoftis, LLC, we will walk you through every step of the process, and make your case to USCIS at every turn. We offer free consultations to all of our prospective clients, so don’t hesitate to contact us. Call us today at (215) 969-3004 or contact us by Email to explore your options, and set you on the path to staying in the United States, legally and permanently.

Adjustment of Status

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