Adjustments of Status
Foreign nationals in the US under non-immigrant visa are often eligible for permanent residency through adjustment of status or AOS. Adjustment of status is precisely what it sounds like, the process through which an immigrant can go through to change their status from a temporary resident in the US to a permanent one.
There are two ways to obtain the green card, first is the consular processing (the foreign national applies at the US embassy) or the Consulate processing (the foreign national applies at the country of origin) and second is the adjustment of status which is available to the foreign nationals present in the US on the non-immigrant visa.
Eligibility Criteria for Adjustment of Status
Eligibility of adjustment of status depends mainly on several immigration categories. The applicant can submit the petition on the following two cases:
- Family-based visa (Either in the immediate relative visa category or family preference visa)
- Employment-based visa
In both the cases mentioned above, the applicant must either be sponsored by the permanent resident or by the prospective or current employer. If you are seeking an adjustment of status through an employer, then the applicant must have a labor certification to ensure that their hiring will not harm the interest of local workers.
Few other situations where adjustment of status is also available are asylum in US, U visa and VAWA.
Steps of Adjustment of Status
- Determine the basis to immigrate: The first step in the process of adjustment of status is to check if the applicant fits into a specific immigrant category. Most immigrants are eligible for permanent residency through a petition filed on your behalf by an employer or a family member. Some can become permanent residents by obtaining refugee or asylum status.
- File the petition:Once the category you fall in is clear, the next step is to file a petition on your behalf.
- Family-based: Under this category, the US citizen or the permanent resident relative files a form I-130, Petition for Alien Relative, for you.
- Employment-based: Under this category, the intending US employer has to file a Form I-140, Petition for Alien Worker on your behalf. Entrepreneurs who intend to invest a significant amount of capital business and want to file EB5 Visa, can file Form I-526, Immigrant Petition by Alien Entrepreneur.
- Check the availability of visa:You might not file the Form I-485 until the visa is available in your category. If the visa is available, you can apply for permanent residence status on Form I-485. After applying, you need to appear at the Application Support Center on the notified date and time for biometric collection.
Why choose us
Our team of expert immigration lawyers with years of experience helps individuals find the most suitable ways to obtain permanent legal residence through the process of adjustment of status. Our team assures unparalleled support throughout the process and provides precise answers to your questions. We will help you expedite the process by ensuring that there are no mistakes in the application to avoid denials or delays of your petition. Our team will assist you in preparing the necessary forms, which are:
- I 130: This form allows the immediate relative of a permanent resident of the U.S. to apply for immigrating to the US.
- I130 A: This form is used to collect additional information for spouse beneficiary of Form 130.
- I 485: This form is to apply for lawful permanent resident status being in the United States.
- I 131: This form is used for a Re-entry Permit, Refugee Travel Document, or Advance Parole.
- I 765: This form is used for temporary foreign workers who seek to work in the U.S legally.
- I 864: Signing this form allows the permanent citizen to sponsor the immigrant to help him become a lawful permanent resident.
- I 864A: This form is used to keep the note of income of each member of the family, which is going to be the sponsor support of the immigrant.
It is not all; the team will also prepare you for the interview and guide you throughout the process. We will also resolve any complications if any arise during the process.
DRJ Legal Services, Dallas can assist the applicant in filing the petition correctly and avoid mistakes which could otherwise delay the processing of the request. We rank among the top immigration lawyers firm in Dallas which offer par excellence services. We help you throughout the process from the filing of petition to handling the situations and complications, leading to your green card and ultimately citizenship.
If you are looking for the adjustment of status but have doubts, we can help. Call today to schedule your first free, no obligation appointment.
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