An adjustment of status is a way for a person to get a green card without having to leave the United States. A green card is a card that shows you are a lawful permanent resident. It lets you live and work in the U.S. for good. Gaining this status means you have the rights of lawful permanent residents, which is a big step toward building a new life here.
Think of it like this: Imagine you are visiting a friend’s house with a guest pass. You love it there, and your friend wants you to stay and become part of the family. Instead of leaving the house to get a new key, you can change your guest pass into a house key while you are still inside. That is what adjustment of status is. It lets you change your status from a temporary visitor to a permanent resident while you are in the U.S.
This process is a big part of U.S. immigration law. It is for people who are already here on a legal visa and want to stay. This is different from people who apply for a visa from their home country. They have to wait outside the U.S. to be approved. This process lets you stay with your family or keep your job in Texas while you wait.
Who Is Eligible for Adjustment of Status?
Not everyone can apply for an adjustment of status. You must fit into a certain group. The rules are there to make sure the process is fair for everyone.
Here are some of the most common groups of people who can apply:
- Family Members: The most common way is through family. If you are the husband, wife, unmarried child (under 21), or parent of a U.S. citizen, you can often apply. A good family green card lawyer can help with this. The process often starts when your family member files a petition for you.
- Fiancé(e)s: If you came to the U.S. on a fiance visa to marry a U.S. citizen, you can apply for a green card after you get married. You must get married within 90 days of arriving.
- Workers: If a company in the U.S. wants to hire you for a long-term job, they can sponsor you. This usually means the company has to show that there are not enough U.S. workers who can do the job. This is called an employment-based green card.
- Refugees and Asylees: If you came to the U.S. as a refugee or were granted asylum, you can usually apply for a green card after you have been here for one year.
- Special Programs: Sometimes, the U.S. government creates special programs for people from certain countries. For example, there have been programs for people from Cuba, Nicaragua, and other Central American countries. These programs have their own special rules.
To be eligible, you almost always need two main things. First, you must have an approved immigration petition. This is the first step, where your family member or employer asks the government to let you apply. Second, a visa number must be ready for you. For some family members, this is instant. For others, you may have to wait. A lawyer can help you figure out if you are eligible.
Who Is Ineligible for Adjustment of Status?
Just as there are rules for who can apply, there are also rules for who cannot. It is important to know if you fall into one of these groups. Trying to apply when you are not allowed can cause big problems.
Here are some reasons why a person might not be able to adjust their status:
- You Entered Without Permission: To adjust your status, you usually must have entered the U.S. legally. This means you came through an official airport or border crossing and were checked by an immigration officer.
- You Stayed Too Long: If you stayed in the U.S. longer than your visa allowed, you might not be able to apply. This is sometimes called an “overstay.” There are some exceptions, especially for people married to U.S. citizens.
- You Worked Without Permission: If you worked in the U.S. without having the right work permits, it can stop you from adjusting your status.
- You Broke the Rules of Your Visa: Your visa has rules. For example, a student visa requires you to go to school. If you did not follow the rules of your non-immigrant status, you might be ineligible.
- You Have Certain Crimes on Your Record: Some crimes can make you “inadmissible.” This means the law says you cannot be given a green card. This can include serious crimes but also some that seem small.
- You Are a Public Charge: This is a new rule that looks at whether you are likely to need help from the government to live. If the government thinks you will, they might deny your application.
These rules can be hard to understand. Sometimes there are ways around them, called waivers. A waiver is like asking for forgiveness for a mistake. Texas lawyers who know immigration law can tell you if a waiver is an option for you. It is a good idea to have a lawyer consultation if any of these situations sound like yours.
How Can I Apply for an Adjustment of Status in Texas?
The process of applying has a few steps. It takes time and a lot of paperwork. Doing it right the first time is very important.
Here are the basic steps you will take when you apply in Texas:
- File Form I-485: This is the main form for adjustment of status. The full name is “Application to Register Permanent Residence or Adjust Status.” You fill this out with all of your personal information.
- Gather Your Documents: You will need to send many documents with your form. This includes your birth certificate, your passport, your visa, and proof of how you are eligible. For example, if you are married to a U.S. citizen, you will need your marriage certificate.
- Get a Medical Exam: You must have a medical exam done by a doctor who is approved by the government. The doctor will fill out a special form, and you will send it with your other papers.
- Pay the Fees: There are fees you have to pay to the government to process your application. The amount can change, so you need to check for the correct amount.
- Go to a Biometrics Appointment: After you send your application, you will get a letter for a biometrics appointment. This is where you go to have your fingerprints and a photo taken. This is for a background check.
- Attend an Interview: Most people will have an interview at a USCIS office in Texas. An immigration officer will ask you questions about your application to make sure everything is true. You can bring your Texas immigration lawyer with you to the interview.
- Get a Decision: After your interview, you will get a decision in the mail. If you are approved, you will get your green card!
Every case is different. Your steps might be a little different from someone else’s.
What Is an Employment Visa?
An employment visa is a special permission that lets a person from another country work in the United States. Companies in Texas and all over the country use these visas to hire talented people from around the world.
There are two main kinds of employment visas:
Non-immigrant Visas
These are for temporary work. A person comes to the U.S. to work for a specific company for a certain amount of time. This could be a few months or a few years. When the job is done, the person is expected to go back to their home country. These are also called non-immigrant visas.
Immigrant Visas
These are for permanent work. This is the first step for a worker to get a green card. A company sponsors a worker for a long-term job, and this visa lets them come to the U.S. to live and work for good.
Getting a work visa can be a long process. The company that wants to hire you usually has to file papers for you. One of the common forms they use is Form I-129, which is a petition for a nonimmigrant worker.
What Are the Different Types of Employment Visas?
There are many different types of employment visas. Each one is for a different kind of job or worker. They have names with letters and numbers, which can be confusing.
Here are a few common ones:
H-1B Visas
These are for workers in “specialty occupations.” These are jobs that need a college degree, like engineers, computer programmers, and accountants. There is a limit on how many of these are given out each year. This is called a visa cap.
L-1 Visas
These are for workers who are moving inside a company. For example, if a big company has an office in India and an office in Dallas, they can use an L-1 visa to move a manager from the India office to the Dallas office.
O-1 Visas
These are for people with amazing abilities. This could be a famous scientist, a top athlete, or a well-known artist.
EB Visas (Employment-Based Green Cards)
There are five types, from EB-1 to EB-5.
- EB-1 is for people at the very top of their field.
- EB-2 is for people with advanced degrees or exceptional ability.
- EB-3 is for skilled workers and professionals.
- EB-4 is for special immigrants, like religious workers.
- EB-5 is for people who invest a lot of money in a U.S. business that creates jobs.
Each visa has its own rules. A company’s Human Resources department or a Texas immigration lawyer can help figure out which visa is the right one for a job.
What Is Temporary Protected Status (TPS)?
Temporary Protected Status, or TPS, is a special kind of protection. It is for people who are already in the U.S. and cannot go back to their home country because it is not safe.
A country might be unsafe for a few reasons:
- There is a war going on.
- There was a big natural disaster, like an earthquake or hurricane.
- There are other very bad conditions that make it dangerous to return.
The U.S. government decides which countries get a TPS designation. If you are from one of these countries and you are in the U.S., you can apply for TPS.
If you get TPS, you are allowed to stay in the U.S. for a set period. You can also get work permits to work legally. TPS is temporary. It does not lead to a green card by itself. However, it protects you from being sent back to a dangerous place. It gives you a safe non-immigrant status while your home country is in crisis.
What if the Employee’s Sponsor in Texas Goes Out of Business?
This can be a very scary thing to happen. You have a job and a visa, and suddenly the company you work for is gone. What happens next depends on your immigration status.
For Work Visa Holders (like H-1B or L-1)
Your visa is tied to your employer. If that employer goes out of business, your visa is no longer valid. However, you do not have to leave the country right away. You usually have a “grace period,” which is often 60 days. In that time, you must find a new company to sponsor you. The new company will have to file new papers for you. This is a time when you should talk to a lawyer right away.
For TPS Holders
Your TPS is not connected to your job. It is based on the conditions in your home country. If your employer in Texas goes out of business, you do not lose your TPS. You can look for a new job, and your permission to work is still good.
For People with a Pending Green Card Application
If your employer was sponsoring you for a green card and they go out of business, it can be a big problem. If your application has been pending for a long time, you might be able to find a new employer to take over the sponsorship. The rules for this are tricky. A lawyer can help you see if this is possible.
No matter what, if your sponsoring employer closes, you need to get legal advice fast. There might be options you do not know about.
Do I Need a Lawyer in Texas To Apply for Adjustment of Status?
If you are ready to take the next step, finding the right help is easy. LegalMatch can connect you with a qualified Texas immigration lawyer in your area. You can share your story and find someone who can guide you through the process.
