WHO IS ELIGIBLE FOR ADJUSTMENT OF STATUS?

Eligibility for adjustment of status depends on various factors, including the immigrant category, such as family-based, employment-based, Read More</a

HOW LONG DOES ADJUSTMENT OF STATUS TAKE?

The processing time for adjustment of status varies depending on factors such as the applicant's immigration category, Read More</a

WHAT DOCUMENTS ARE REQUIRED FOR ADJUSTMENT OF STATUS?

Required documents typically include Form I-485, evidence of eligibility (such as birth certificates, marriage certificates, Read More</a

Adjustment Of Status Lawyer Houston

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Adjustment of status in Houston

The path to obtain Lawful Permanent Resident (“LPR”) status in the United States can be complicated, time consuming and frustrating. The Law Office of Rosemary Vega is here to assist you every step of the way. We will help you determine if you qualify to adjust your status in the United States and the other benefits that may come with a successful adjustment of status.

Generally, an applicant for adjustment of status must have entered the U.S. legally, must have a visa number immediately available, and must have never violated his/her immigration status. However, there are exceptions and provisions that are vital to understand if you are seeking Adjustment of Status (AOS).

Understanding INA § 245(i)

INA § 245(i) refers to a provision of the Immigration and Nationality Act (INA) that allows certain individuals to apply for Adjustment of Status to lawful permanent residency in the United States, even if they entered the country illegally or violated their immigration status.

Eligible individuals must be beneficiaries of immigrant visa petitions that were filed on or before April 30, 2001. This provision essentially provides a pathway for individuals who would otherwise be ineligible for AOS due to unlawful entry, unauthorized employment, or other immigration violations. By meeting the requirements of INA § 245(i), individuals can apply for AOS without having to leave the United States to obtain an immigrant visa through consular processing, which would trigger a bar on re-entry due to their unlawful presence in the U.S.

It's important to note that INA § 245(i) has strict eligibility criteria and filing deadlines. Individuals must have had an immigrant visa petition filed on their behalf on or before April 30, 2001, and they must be able to demonstrate eligibility for AOS under the relevant immigration laws. While INA § 245(i) provides a valuable opportunity for certain individuals to adjust their status and obtain lawful permanent residency in the United States, navigating the application process can be complex. Consulting with an experienced immigration attorney is recommended to assess eligibility, understand the requirements, and navigate the AOS process successfully.

Adjustment of Status Due to Special Circumstances

Certain "special immigrants" may be eligible to adjust their status to lawful permanent resident (LPR) in the United States, irrespective of how they entered the country or if they worked without authorization. These individuals belong to specific groups recognized under U.S. immigration law and may qualify for Adjustment of Status based on their unique circumstances and the protections afforded to them. Specific groups include:

Violence Against Women Act (VAWA) self-petitioners: Individuals who have suffered abuse at the hands of a U.S. citizen or lawful permanent resident spouse or parent may be eligible to self-petition for immigration benefits under VAWA. This allows them to seek legal status independently of their abuser.
Special Immigrant Juvenile Status (SIJS) beneficiaries: Children who have been abused, neglected, or abandoned by one or both parents may be eligible for SIJS. This status is designed to protect vulnerable immigrant children and allows them to obtain lawful permanent residency in the United States.
U visa beneficiaries (crime victims): Victims of certain crimes who have suffered mental or physical abuse and who have cooperated with law enforcement in the investigation or prosecution of the crime may be eligible for a U visa. This visa provides temporary legal status and may lead to eligibility for Adjustment of Status.
Nicaraguan Adjustment and Central American Relief Act (NACARA) 203 beneficiaries: Individuals from certain countries in Central America and the Caribbean who were present in the United States before specified dates and meet other criteria may be eligible for relief under NACARA 203. This provision provides a pathway to permanent residency for individuals who meet the requirements outlined in the law.

These “special immigrants” benefit from specific provisions in U.S. immigration law that recognize their unique circumstances and provide avenues for obtaining legal status and protection in the United States. By adjusting their status to lawful permanent resident, these individuals can build secure futures and contribute to their local communities.

Legal Guidance for Adjustment of Status

The eligibility requirements for Adjustment of Status vary according to the section of the law that permits an individual to apply for adjustment of status. Each case is unique and filing an incorrect or incomplete application can have serious consequences on the potential for adjustment of status.

With the guidance and personalized legal advice offered by the Law Office of Rosemary Vega, individuals can confidently navigate the AOS process and maximize their chances of success. Our team understands that each case is unique, and we provide tailored legal solutions to address our clients' specific circumstances and needs. Whether you're seeking to adjust your status under a special provision of the law or facing challenges in meeting eligibility requirements, we are here to offer comprehensive support every step of the way. Contact our team to discuss your options.

Frequently Asked Questions

Adjustment of status is the process by which eligible individuals already in the United States can apply to become lawful permanent residents (green card holders) without having to leave the country.
Eligibility for adjustment of status depends on various factors, including the immigrant category, such as family-based, employment-based, refugee or asylee status, diversity visa lottery winners, and certain special immigrants. Additionally, individuals must meet specific requirements, such as maintaining lawful immigration status and admissibility to the United States.
Consular processing is for individuals outside the United States, while adjustment of status is for those already within the country. Consular processing involves applying for an immigrant visa at a U.S. consulate abroad, while adjustment of status is done through filing Form I-485 with USCIS and attending an interview within the United States.
The processing time for adjustment of status varies depending on factors such as the applicant's immigration category, USCIS workload, and whether the case requires an interview. On average, it can take several months to over a year to receive a decision on the application.
Required documents typically include Form I-485, evidence of eligibility (such as birth certificates, marriage certificates, and immigration documents), Form I-693 (Report of Medical Examination and Vaccination Record), and supporting evidence of financial support (if applicable).
In most cases, individuals with pending adjustment of status applications may apply for employment authorization (Form I-765) and travel permission (Form I-131, Advance Parole) while their applications are pending. However, specific rules and restrictions apply, so it's essential to consult with an immigration attorney before traveling or working.