Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.
Determine Your Basis to Immigrate
The first step in the adjustment of status process is to determine if you fit into a specific immigrant category. Most immigrants become eligible for a green card (permanent residence) through a petition filed on your behalf by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status, or through a number of other special provisions.
- Family Based
- Employment Based
Employment based categories most often require the intending U.S. employer to file a Form I-140, Petition for Alien Worker, for you. Entrepreneurs who intend to invest significant amounts of capital into a business venture in the United States may file Form I-526, Immigrant Petition by Alien Entrepreneur” on their own behalf. For more information, see our Working in the U.S. page.
- Special Classes of Immigrants
In some cases, certain immigrants may file a Form I-360, Petition for Amerasian, Widow(er), and Special Immigrant, or have one filed on their behalf.
- Humanitarian Programs
Most humanitarian programs do not require an underlying petition, although individuals may need to meet additional requirements before they can adjust status.
Although immigrant petitions are filed with USCIS, In some cases, an I-130 petition may be filed for an immediate relative (spouse, child, or parent of a U.S. citizen) with a U.S. embassy or consulate abroad. Situations where this may be applicable include:
- If the U.S. citizen has been authorized to be continuously residing within the jurisdiction of the consular office for at least the previous 6 months
- Members of the military
- Emergency situations
- Situations involving the health or safety of the petitioner
- When in the national interests of the United States
Orlando Adjustment of Status Lawyer
Without the assistance of a highly qualified immigration lawyer, you may run into serious delays with your adjustment of status application. You may also have difficulty understanding the various issues or be unaware of how to resolve them.
Brandt Immigration handles immigration and citizenship issues on a daily basis and can thoroughly explain the process of obtaining adjustment of status. Furthermore, our experienced Orlando immigration lawyers can help you properly fill out all the necessary paperwork, and will keep you informed of all laws that may be relevant to your case.
Meeting deadlines is extremely important if you plan on obtaining a green card. Our immigration lawyers make sure that you do not miss these critical deadlines and will discuss your case status with you, and provide frequent updates.
If you are looking for an Orlando immigration lawyer to assist with your adjustment of status contact Brandt Immigration today.