Once all the needed requirements for acquiring a green card are met, you can now change your green card status from a temporary visa holder or non immigration status to one of permanent resident status. If you are already in the United States but not yet a holder of a permanent resident card, you will need to undergo an interview with the U.S. Citizenship and Immigration Services (USCIS). If you are outside the United States but qualifies to become a permanent resident, you will go through consular processing (CP) to complete your application for a green card in the U.S. embassy or consulate of your home country.
What Do I Need to Do at the Adjustment of Status Interview?
The USCIS will notify you and your petitioner (employer, U.S. citizen, family member) for an immigration interview. You will need to go to your scheduled date or immediately reschedule if you cannot make it for failure to appear may result in your application being denied. The USCIS officer in Texas will ask you questions to determine your qualification and your petitioner’s capacity to support you. If the application is a green card through marriage, you need to bring your marriage certificate and other proof that you are indeed married.
What are the Requirements for Adjustment of Status?
If you are already in the United States and are changing your status, these requirements must be met:
- Filing of Form I-485 or Adjust Status;
- You are physically present at the time of filing your Form I-485.
- You are eligible to receive an immigrant visa and you have one at the time of filing of your Form I-485 (either US work visas or family visa.)
- Your relationship with your family member exists (in case of Family-Based Immigration);
- You were inspected and admitted or inspected and paroled into the United States.
- You are not prohibited from adjusting status.
- You must have not entered the U.S. illegally.
- There is no change in circumstances (death of the US Citizen petitioning for you.)
Who is Prohibited from Adjustment?
The USCIS generally approves those that do not have grounds of inadmissibility. If you entered the United States illegally or you committed a violation of the Immigration Law, you are ineligible and barred to apply for adjustment of status if such violations are listed in the Immigration and Nationality Act (INA).
If you are inadmissible, you may still be approved upon a waiver of inadmissibility or other forms of relief. Talking with a Shenandoah immigration attorney will help with the waiver and other forms are only available depending on the grounds of your inadmissibility.
How can an Immigration Lawyer Help?
To adjust your status, many procedures must be strictly followed. Immigration Attorneys can help you in matters related to immigrant visas or your green card application. Perhaps you have questions on US Citizenship, the immigration process, or whether or not you are eligible for a Green Card but not for Adjustment of Status. Let our competent immigration lawyers share their knowledge with you. An Immigration attorney can also prepare you before you go for the consular interview. ON another note, if you are certain that you qualify to adjust status or have complicated situations such as criminal records, we at Luis F. Hess, PLLC will help you achieve your dream to obtain citizenship and naturalization as well as have legal status for immigrants to live and stay in America. Contact our reliable Shenandoah Immigration Attorney for a free legal consultation!