An adjustment of status in Oregon refers to the federal immigration procedure that allows certain noncitizens already residing in the United States to apply for permanent residency without leaving the country. This process is governed by federal immigration law and applies uniformly across all states, including Oregon. It is designed for individuals who entered the U.S. legally and now seek to transition to lawful permanent resident status.
According to federal statute 8 United States Code Section (“U.S.C.”) 1255, applicants must meet specific requirements:
- They must have been inspected and admitted or paroled into the U.S.
- They must have an approved immigrant petition
- They must be eligible for an immigrant visa with a visa number currently available.
The application is submitted to the U.S. Citizenship and Immigration Services (“USCIS”), and if approved, the individual receives a green card without needing to return to their home country for consular processing.
In Oregon, while the adjustment process itself is federal, local residents often seek help from immigration attorneys or legal aid organizations to navigate the paperwork and eligibility rules. Additionally, Oregon’s public assistance programs may recognize certain immigration statuses, such as lawful permanent residents or refugees, under state administrative rules like Oregon Administrative Rules (“OAR”) 461-120-0125, which link federal immigration outcomes to state-level benefits and services.
Who Is Eligible for Adjustment of Status?
As mentioned above, eligibility for adjustment of status in Oregon follows federal immigration law, specifically under 8 U.S.C. Section 1255. Individuals who were lawfully admitted or paroled into the United States and meet certain criteria may apply to become lawful permanent residents without leaving the country.
This includes having an approved immigrant petition, being eligible for an immigrant visa, and having a visa number immediately available. The applicant must also not be barred by certain grounds of inadmissibility, such as criminal history or immigration violations.
In Oregon, this process applies to noncitizens already residing in the state under temporary visas, asylum, or other lawful statuses. Those who entered unlawfully are generally not eligible unless protected by specific provisions like Section 245(i) or other humanitarian exceptions. Adjustment of status is handled by USCIS.
Importantly, while the process is federal, Oregon residents often seek help from local immigration attorneys or legal aid organizations to ensure their applications meet all requirements. Should you have any questions, it is recommended to set up a lawyer consultation with Oregon lawyers familiar with handling immigration matters. They can answer any questions you may have.
Who Is Ineligible for Adjustment of Status?
Individuals who are ineligible for adjustment of status in Oregon include those who entered the United States without inspection or parole and do not qualify for exceptions under federal law. For example, someone who crossed the border illegally and lacks legal entry documentation generally cannot adjust status unless protected by specific provisions like Section 245(i) of the Immigration and Nationality Act.
Additionally, those who are subject to certain grounds of inadmissibility, such as criminal convictions, immigration fraud, or health-related issues, may also be barred from adjusting status. Another category of ineligible applicants includes individuals who have violated the terms of their visa, such as overstaying or engaging in unauthorized employment.
Even if these persons were initially admitted legally, violations can disqualify them unless they fall under a waiver or exception. Also, persons who are currently in removal proceedings or have a final order of deportation may face additional legal hurdles. Once again, although adjustment of status is a federal process, Oregon residents must still meet all federal eligibility requirements to qualify.
How Can I Apply for an Adjustment of Status in Oregon?
Applying for an adjustment of status in Oregon involves submitting a formal request to U.S. Citizenship and Immigration Services to change your immigration status to that of a lawful permanent resident. This process is available to individuals who meet federal eligibility requirements and are already present in the United States.
Applicants must complete and file Form I-485, along with supporting documentation that proves eligibility, such as an approved immigrant petition and evidence of lawful entry. The application also requires biometric screening and may include an interview with USCIS. During the review process, applicants must remain eligible and avoid actions that could affect their admissibility. Oregon residents often work with immigration attorneys or accredited representatives to ensure their paperwork is accurate and complete.
The following is a list of general steps you will need to take in order to apply for an adjustment of status:
- Confirm eligibility under federal immigration law
- Complete Form I-485 (Application to Register Permanent Residence)
- Gather supporting documents, including proof of lawful entry and approved petition
- Submit the application package to USCIS
- Attend a biometric appointment for fingerprinting and photo
- Prepare for and attend a USCIS interview if required
- Await decision and receive a green card if approved
What Is an Employment Visa?
An employment visa is a type of authorization that allows a foreign national to live and work in the United States for a specific employer and period of time. These visas are typically issued based on job offers from U.S. employers and are divided into categories such as temporary nonimmigrant visas (i.e., H-1B, L-1, or O-1) and immigrant visas that lead to permanent residency (i.e., EB-1, EB-2, or EB-3). Each category has its own eligibility criteria, including education, experience, and the nature of the job being offered.
For individuals seeking permanent residency through employment, the process may involve labor certification, employer sponsorship, and eventually applying for a green card. This pathway is distinct from family-based immigration, but both routes fall under U.S. immigration law. If you’re navigating employment-based or family-based immigration, it is recommended to consult an experienced lawyer, such as a family green card lawyer, who can help clarify your options and guide you through the application process.
What Are the Different Types of Employment Visas?
In Oregon, employment visas fall under federal immigration law and are categorized into temporary non-immigrant visas and permanent immigrant visas. These visas allow foreign nationals to work legally in the U.S. under specific conditions, often requiring employer sponsorship and approval through forms like Form I-129.
While non-immigrant status is temporary, some employment visas can lead to permanent residency, granting the rights of lawful permanent residents. The availability of certain visas may be limited by an annual visa cap, and some categories, such as L-1 visas, are designed for intra-company transfers. Although not a work visa, a fiancé visa may eventually allow employment after adjustment of status.
The following is a list of different types of employment visas and related concepts:
- Non-immigrant visas for temporary employment (e.g., H-1B, L-1, O-1)
- Non-immigrant status granted for specific job roles or durations
- Work permits issued through USCIS for authorized employment
- Visa cap limits the number of certain visas issued annually
- Rights of lawful permanent residents include unrestricted employment
- L-1 visas for employees transferring within multinational companies
- Form I-129 used to petition for most temporary work visas
- Fiancé visa (K-1) allows future adjustment to work eligibility after marriage and status change
What Is Temporary Protected Status (TPS)?
Temporary Protected Status (“TPS”) in Oregon refers to a part of the federal immigration program that allows eligible nationals from designated countries to live and work legally in the United States for a limited period. TPS is granted when conditions in a foreign country, such as armed conflict, environmental disaster, or extraordinary circumstances, make it unsafe for its citizens to return. Although TPS is administered at the federal level by USCIS, individuals residing in Oregon can apply for and maintain TPS while living in the state.
It is important to note that TPS does not lead directly to permanent residency or citizenship, but it provides protection from deportation and eligibility for work authorization during the designated period. Applicants must meet specific criteria, including continuous physical presence in the U.S. since the country’s TPS designation date and passing background checks. Oregon residents with TPS may also access certain state-level services, but their immigration status remains temporary and subject to renewal or termination by the federal government.
What if the Employee’s Sponsor in Oregon Goes Out of Business?
If an employee’s sponsor in Oregon goes out of business, the impact will depend on the type of visa that the employee holds. For most employment-based non-immigrant visas, such as H-1B or L-1, the visa is tied to the sponsoring employer, so the employee may lose legal status and work authorization.
In such cases, the individual must either find a new sponsor and file a transfer petition, such as Form I-129, apply for a change of status, or depart from the United States in order to avoid violating immigration rules. It is important to note that timely action is critical in order to maintain lawful presence.
Do I Need a Lawyer in Oregon To Apply for Adjustment of Status?
If you are having any issues regarding immigration or if you need to apply for an adjustment of status, it is recommended to immediately consult an experienced Oregon immigration lawyer. LegalMatch can assist you in locating an attorney near you who is experienced in handling immigration matters. They can answer any questions you may have, as well as help you determine your best course of legal action. Finally, they can also represent you at any in person proceeding, as needed.
