Adjustment of Status


Do you know what adjustment of status means? In this article, we are going to delve into this important and interesting topic.

What is Adjustment of Status?

It’s the process carried out by immigrants with a temporary residence permit, through which they apply for legal permanent residence in US.

Eligibility for Adjustment of Status

In order to submit an application for Adjustment of Status, 3 fundamental requirements must be met. Eligibility to adjust status requires that the applicant must:

  • Be physically present within US.
  • Have legally entered US.
  • Have an immigrant visa immediately available to you.

Eligibility requirements for Adjustment of Status may vary depending on the category of immigrant under which you are applying. Qualify for Adjustment of Status:

  • Immediate relatives of a US citizen: Spouse, children and parents, who are legally in US.
  • Those who have a K-1 or K-2 Fiancé Visa.
  • Foreign persons who have lived within US for 40 years or more, continuously.
  • Those who have a U (victim of violence) or T (human trafficking) visa.
  • Asylees or refugees.
  • Legal work visa holders, sponsored by a US

How to adjustment of status?

Here are the steps for Adjustment of Status:

  1. Check if you are eligible to apply for permanent residence.
  2. Depending on the category, you or someone else can file the petition on your behalf.
  3. Check the availability of visas.
  4. File Form I-485: Application to Register Permanent Residence or Adjust Status.
  5. Show up for your appointment at the Application Assistance Center (ASC) to provide your fingerprints, a photograph and / or your signature.
  6. Attend your interview
  7. Respond to requests for additional evidence (if applicable).
  8. Check the status of your case.
  9. Receive the decision.

What are the most common forms you must submit to introduce your Adjustment of Status application?

  • Form I-130: Petition for Alien Rel
  • Form I-140: Immigrant Petition for Alien Worker.
  • Form I-730: Petition for Relative of Refugee/Asylee.

How long does it take for Adjustment of Status?

The time varies between 8 and 14 months, depending on your category of adjustment and the USCIS office that is handling the application.

How much does it cost to process Adjustment of Status?

The fees that must be paid at the time of filing Form I-485 vary depending on:

  • If you are under 14 years old and you are going to submit your application together with the Form I-485 of at least one of your parents, you must pay $750, only.
  • If you are under 14 years old and you aren’t going to submit your application together with the Form I-485 of at least one of your parents, you must pay $1.140.
  • If you are between 14 and 78 years old, you have to pay $1,140 plus $85 for biometric services, a total of $1.225.
  • If you are over 79 years old, you must pay $1.140.
  • If you were admitted as a refugee, you aren’t charged for the procedures.

Can I stay in US while I wait for Adjustment of Status?

Yes, you can remain in US while your application is being processed, even if your visa expires before lawful permanent residence is approved.

Can Adjustment of Status be denied?

Yes, USCIS can deny applications for permanent residence cards.

In general, the denial is because it considers that the immigrant is inadmissible, according to immigration laws or that they don’t meet the requirements for adjustment of status.

What are the consequences of being denied Adjustment of Status?

The consequence of the denial of adjustment is that the alien must leave US or deportation proceedings will be initiated against their.

At Tramites de Inmigracion USA Corp we can advise and support you so that this vital and important process is successful. We are at your service, our experienced team can help you and facilitate you to achieve your most desired dreams!

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