Adjustment of status
Short Hills Adjustment of Status Consultants
Efficiently Obtain Your Green Card
If you are physically present in the United States on a temporary visa and receive approval to seek a green card, you will need to apply for an adjustment of status. When seeking an adjustment of status, you will be permitted to remain in the United States while your application is reviewed. For many, adjusting status is the final step in becoming a lawful permanent resident.
Our Short Hills adjustment of status consultants at Worldwide Legal Services have over 50 years of combined professional experience and have overseen more than 10,000 cases.
We have assisted with innumerable adjustments of status and can serve as your guide and partner throughout the application process. Our experienced team can help you avoid common mistakes and work to secure your green card as efficiently as possible.
Who Can Apply for an Adjustment of Status?
Any individual who is found by United States Citizenship and Immigration Services (USCIS) to be eligible for a green card can successfully apply for an adjustment of status. A green card confers lawful permanent residency and can serve as a pathway to permanent citizenship.
Most immigrants are eligible for green cards through:
- Family. U.S. citizens and lawful permanent residents can sponsor certain relatives for green cards. U.S. citizens can sponsor their children, spouses, parents, and siblings, while lawful permanent residents can sponsor their spouses and unmarried children.
- Employment. Companies based in the U.S. can sponsor prospective employees. You also may be able to self-petition if you have “extraordinary abilities” or if your work is of “national importance.”
- Asylum Status. Individuals who fear persecution on the basis of their belonging to a protected category can be granted asylum status in the United States. Asylees can seek green cards after 1 year.
- The Diversity Lottery. Each year, the Diversity Visa Program issues green cards to 50,000 randomly selected families. Applicants must meet certain educational requirements and have a country of birth that does not send many immigrants to the United States.
- U Visas. U visas are issued to victims of serious crimes that agree to assist with corresponding law enforcement investigations. Beneficiaries are eligible for green cards after 3 years of continuous presence in the U.S. through their U visa.
- Violence Against Women’s Act (VAWA). This law allows qualifying victims of abuse to petition for green cards without the cooperation of their abusive spouse, parent, or adult child.
What Is the Timeline For Green Card Availability?
To successfully seek an adjustment of status, a green card must be currently available to you. The timeline in which a green card becomes available will depend on your method of eligibility.
For some, green cards will immediately be available such as:
- And unmarried children under the age of 21 of U.S. citizens
Others will need to wait until their priority dates become current. Our Short Hills adjustment of status consultants can assess your situation and determine the most efficient means of becoming eligible for a green card.
Why You Must Be Careful When Adjusting Status
Applying for an adjustment of status under the wrong circumstances can endanger your future in the country. You must carefully evaluate your circumstances to ensure you are not exposing yourself to unnecessary risk.
To obtain an adjustment of status, you must have entered the country on a valid visa or through the Visa Waiver Program. You must also generally be currently in the country lawfully at the time you submit your application.
This means you must apply for an adjustment of status before your current visa expires unless you are applying as the spouse of a U.S. citizen. Applicants in these situations can seek adjustments of status after their visas expire.
You must also ensure that you do not violate what is called the “90-day rule.” Many temporary visas cannot be used to facilitate permanent immigration. Only “dual intent” visas, including the popular H-1B visa, allow for this possibility.
If you attempt to adjust your status while in the country on a non-dual intent visa, USCIS will likely suspect you misrepresented your intentions, reject your application, and revoke your current visa, especially if you applied for the adjustment of status within 90 days of arrival.
This can leave you vulnerable to removal proceedings and future inadmissibility to the United States. Our team will carefully and thoroughly review your situation to ensure there are no factors that could trigger unintended consequences.
If you have questions about safely adjusting your status, do not hesitate to call or contact us online. We offer our services in English, Portuguese, and Spanish.