Adjustment of Status Lawyers

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What Is Adjustment of Status?

Adjustment of status is a procedure of immigration law that allows foreign nationals already living in the United States to apply for Lawful Permanent Resident status. If a person entered the United States illegally, or entered with a visa but overstayed the scope of that visa, he or she would normally have to leave the United States before applying for Lawful Permanent Resident status. However, there are some cases in which a person can apply for adjustment of status without leaving the country.

Who Is Eligible for Adjustment of Status?

A person is eligible for adjustment of status when three conditions are met:

  1. The person must apply for adjustment of status by filling out and submitting Form I-485 and Supplement A to that form.
  2. The applicant must be eligible for an immigrant visa and be admissible to the U.S. for permanent residence.
  3. An immigrant visa must be currently available to the applicant.

Certain people are not eligible for adjustment of status, including aliens who are in the country unlawfully, aliens who have engaged in unauthorized employment, and aliens who entered under visa waivers.

How Can I Apply for an Adjustment of Status?

To apply for an adjustment of status, you must file the forms discussed above with U.S. Citizenship and Immigration Services. Additionally, you will also have to pay a filing fee in order to complete your application, unless you fall within an exception.

Do I Need a Lawyer to Apply for Adjustment of Status?

You may not need a lawyer to apply for adjustment of status. However, if you have questions about whether you are eligible, or how your family members or significant other is affected, an immigration attorney will be able to answer your questions.

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Last Modified: 02-21-2014 03:12 PM PST

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