If you meet the requirements for a green card and you were
inspected and paroled or admitted into the United States, and remain in lawful
status, then you may be able to change your immigration status from parolee or
nonimmigrant (temporary) to immigrant (permanent).
According to U.S.
Citizenship and Immigration Services, most immigrants who successfully
petition for adjustment of status become eligible though a petition filed by
their employer or a family member. However, becoming a permanent resident of
the United States is never a straightforward process. You must meet strict
requirements and submit extensive documentation to prove your eligibility.
If you would like to adjust your U.S. immigration status,
contact Kuck
Immigration Partners. Charles Kuck is an immigration lawyer in Atlanta who
will help you gather the necessary documentation and avoid mistakes when
petitioning for a green card. Call 404-816-8611 to schedule a consultation.
Read on to learn about three steps involved in adjusting an
individual’s immigration status in the United States:
1. Find out Whether
You Are Eligible for an Adjustment of Status
As previously mentioned, most immigrants become eligible for
an adjustment of status though a petition filed by their employer or a family
member. However, it is also possible to become a permanent resident by first
obtaining asylum or refugee status, or by fulfilling other special provisions.
2. File the Appropriate
Petition Form
When you know which immigrant category applies to your case,
it’s time to file the appropriate petition form. Most individuals need to have
the petition filed on their behalf.
Family-Based Adjustment
of Status: If you have a relative who is a permanent resident or U.S.
citizen, then he or she can file Form I-130, Petition for Alien Relative, on
your behalf.
Employment-Based Adjustment of Status: In most cases,
getting an adjustment of status through an employer requires that the employer
files Form I-140, Petition for Alien Worker. However, if an entrepreneur
intends to invest a substantial amount of capital in a U.S. business venture,
then he or she may file Form I-526, Immigrant Petition by Alien Entrepreneur.
Humanitarian Programs:
Humanitarian programs generally do not require a petition; however, the
individual may have to fulfill additional requirements before adjusting his or
her status.
Special Classes of
Immigrants: Sometimes immigrants can file Form I-360, Petition for
Amerasian, Widow(er), and Special Immigrant. They may also have this form filed
on their behalf.
Depending on which category you adjust under, it may be
possible to file your petition at the same time that you file Form I-485, Application
to Register Permanent Residence or Adjust Status. A visa must be available in
order for you to file Form I-485.
3. Apply to Adjust
Status or Register Permanent Residency
Mistakes are common when filing Form I-485. Sometimes
applicants forget to provide the necessary evidence or documentation. This
could lead to a delay or denial of your application. And many people apply who may NOT be eligible
for adjust status. That is why it is so
important to speak to an immigration lawyer like Kuck Immigration Partners
about your eligibility before filing.
Other Steps Required
to Adjust Your Immigration Status
Although these three steps are critical for adjusting your
immigration status, the process does not end when you submit Form I-485. You
will also need to go to your appointment at the Application Support Center, and
you may have to go to an interview at a USCIS office. After you have submitted
all paperwork, completed the necessary interviews and security checks, and fulfilled
all other requirements, USCIS will make a decision on your case. You will
receive a notification of the decision in writing.
If you would like to adjust your immigration status in the
United States, turn to Kuck Immigration Partners. An immigration lawyer in
Atlanta will help you avoid mistakes during the application process. Call 404-816-8611
to schedule a consultation.
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