Adjustment of Status Attorneys in NY
Many foreign nationals have visas that allow them to legally enter as a tourist, live and work in the United States. In order for a visa holder to become a lawful permanent resident in the United States, their application for adjustment of status will have to be granted. An adjustment of status is a process that allows certain individuals to apply for permanent residence, or “Green Card”, in the U.S. However, not everyone who is in the U.S. and marries a U.S. citizen or permanent resident is eligible to apply. At Nassau County Immigration Law Group, our attorneys have over 50 years of combined experience proudly representing clients throughout Nassau County, New York. To discuss your situation and learn whether you are eligible for an adjustment of status, contact Nassau County Immigration Law Group today.
What is an adjustment of status?
Many individuals who enter the U.S. with a visa and later marry a U.S. citizen or have other familial relationships with U.S. citizens, may be eligible to apply for permanent residency in the U.S. without return to their home country. Those foreign nationals who entered without a visa, may, in limited circumstances, also be allowed to apply for adjustment of status but only if an immigration petition or labor certification was filed on their behalf, or their parents’ behalf, on or before April 30, 2001. Please contact Nassau County Immigration Law Group to discuss this complicated issue.
Adjustment of Status Eligibility
Not just everyone can be granted permanent resident status. To be considered eligible for an adjustment of status, there are several categories that you can fall into. These include:
- Family
- Employment
- Refugee or asylum
- Special programs, such as humanitarian cases or Special Immigrant Juvenile cases
Adjustment of Status Petitioners
In the majority of cases, anyone who wishes to adjust their status in the United States will need to have a petitioner except in Asylee/Refugee and other Special Immigrant Visa applications. The petitioner must act as your financial sponsor and is required to make a minimum amount of income depending on the number of individuals in the household. If the petitioner does not make the minimum amount that is required, a joint sponsor must be found.
Form I-485
Many times a foreign national is eligible to file the adjustment of status application with the initial petition which is filed by the U.S. citizen family member. The adjustment of status application form is known as an I-485. After filing this form, you can expect to go to an appointment at the Application Support Center, where you will be required to submit to bio-metrics. It is critical that you attend your appointment because if you fail to do so, your application may be denied. After a few months, in the great majority of cases, you and the Petitioner will have to appear for an interview. If it is marriage based, then you must prove that you did not enter the marriage simply to obtain permanent residence status. Thus, prior to filing, it is imperative that a foreign national speak with us to determine a filing strategy. Failure to provide evidence of the marriage will result in your case either being denied or placed in investigations. Should USCIS determine that your marriage was fraudulent, severe repercussions will result, including being forever barred from obtaining any other relief.
Obtaining a Green Card
If your adjustment of status application is approved, you will receive a green card. This is also referred to as a permanent resident card. Obtaining a green card is a major accomplishment and will allow you to enjoy a number of benefits. Eventually, you can begin working towards citizenship. Be sure to keep this card in your possession at all times.
Contact a Nassau County Immigration Attorney
At Nassau County Immigration Law Group, we are proud to help clients achieve their goals of becoming a permanent resident. If you have questions about the adjustment of status process or need legal support as you navigate the process, our firm is ready to put our experience to work. Our firm understands that obtaining permanent resident status is a significant accomplishment and how challenging this process can be. Contact Nassau County Immigration Law Group today to learn how we can assist you.