When Is an Immigrant Eligible for Adjustment of Status?

 Posted on August 09, 2022 in Immigration

People from foreign countries come to the United States for a variety of reasons, and in many cases, they may wish to become permanent residents. Those who are currently living in the U.S. may apply for an adjustment of status, and if their request is granted, they will receive a Green Card and be designated as a lawful permanent resident.

However, the ability to receive an adjustment of status will depend on the type of visa available to a person and multiple other factors. By understanding the options for immigration, a person can make sure they will be able to take the correct steps to live permanently in the United States.

Adjustment of Status for Different Types of Immigrants

A person who is currently present in the United States and who is eligible for a Green Card may apply for an adjustment of status by filing Form I-485 (Application to Register Permanent Residence or Adjust Status) with U.S. Citizenship and Immigration Services (USCIS). Situations where adjustment of status may be available include:

• Family-based immigration - Immediate relatives of U.S. citizens will usually be eligible for IR visas with no waiting periods or quotas. Immediate relatives of lawful permanent residents or more distant relatives of citizens may be eligible for F visas, although waiting periods will usually apply.
• Employment-based immigration - Employers may sponsor workers for different types of visas. These are usually issued in order of preference, with first preference being given to highly skilled workers with extraordinary abilities, second preference being given to people with advanced degrees or exceptional abilities, and third preference being given to skilled workers, professionals who have obtained a bachelor’s degree, or those who are classified as unskilled workers.
• Refugees and asylum seekers - People who have fled their home countries and have a credible belief that they will face persecution based on a protected status such as race, religion, or political opinions may be granted protections that will allow them to live permanently in the United States.
• Crime victims - People who have been the victims of offenses such as human trafficking, kidnapping, or sexual assault may be able to receive a U visa or T visa, and after a certain period of time, they may be eligible for adjustment of status.
• Abuse victims - The Violence Against Women Act (VAWA) allows an immigrant who has been a victim of abuse by a spouse or family member who is a U.S. citizen or Green Card holder to file a visa petition on their own behalf and apply for adjustment of status.

Contact Our Itasca Adjustment of Status Attorney

Immigrants who are currently living in the United States may face significant difficulties if they were forced to leave the country. To prevent this possibility, an immigrant may need to determine how they can obtain a Green Card that will provide them with the legal status necessary to live in the U.S. on a permanent basis. Unzueta Law Group, P.C. can help immigrants and their family members determine how they can meet their eligibility requirements to become lawful permanent residents, and we can provide guidance and legal representation during the process of applying for adjustment of status. Contact our DuPage County Green Card application lawyer today at 630-509-2363 to set up a consultation and get the legal help you need.

Sources:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status

https://www.uscis.gov/green-card/green-card-eligibility-categories