Some temporary immigration categories allow you to “upgrade” to a permanent residency status, through what’s called the adjustment of status process. In general, an adjustment of status is a way for residents of the US to get a green card. Adjusting immigration status can be a tricky process, but if you complete it you will have your green card. The green card will allow you to do everything a US Citizen can do except for vote and run for office.
You can contact me, Boston immigration attorney Giselle M. Rodriguez, to get help on your adustment of status, read this case result, or read on to find out more.
Which immigrants qualify for adjustment of status?
You must meet the criteria for the green card program you are pursuing. After that, you must:
- Be physically and legally present in the United States.
- Have an approved petition, such as an I-130 or I-485.
- Have never fallen out of legal status while present in the United States.
Which visas may be adjusted?
- Exchange visitors with J-visas who have completed their two-year foreign residence requirement.
- Fiancé(e)s with K-visas.
- Immigrants who marry US citizens or permanent residents while in removal proceedings.
- Tourists or visitors admitted in the Visa Waiver Pilot Program.
- Crewmembers with D-visas.
- People admitted on a family-based green card who have completed their two year probation period.
- Students studying on student visas may be able to adjust status if they have found an employer willing to sponsor them.
What is the 90-day rule?
It is important to show USCIS that you did not misrepresent your intentions when you first came to the United States. Some visas are not eligible for “dual intent,” and some are, but either way you can run into problems if immigration officials have reason to believe you committed misrepresentation.
If you try to adjust status within 90 days of your arrival then the government may determine you intended to attempt to adjust your status all along. They may deny your application and revoke your current visa.
Can you work during adjustment of status?
You can if your current visa grants you employment authorization.
How long does it take to adjust your immigration status?
It can take 8 to 14 months to adjust your status. If you are working under a deadline be sure to file early.
Get help today
The adjustment of status process can be extremely complex. There are issues that could lead to the denial or delay of your application, programs you might not know about, and waivers you may be eligible for.
When you work with me, Boston immigration attorney Giselle M. Rodriguez, I ensure that you’re using the right application and providing the right evidence. I’ll help you navigate the interview process and take advantage of any waivers you may be eligible for. Schedule an consultation today to ensure that your adjustment of status goes as smoothly as possible.