Adjustment of status is the process by which a non-immigrant’s status is changed to immigrant (green card) status. Adjustment of status can be family-based or employment-based. Our immigration lawyers can assist you in identifying the best approach for obtaining an adjustment of status.
Whether you are seeking a family-based or employment-based green card, you must:
- Be currently present in the U.S.
- Have entered the U.S. legally
- Be admissible to the U.S. with a clear criminal record
- Have Qualifying Relative or Employer Petition with the ability to Sponsor (petition) for you.
Consular Processing is available to those who did not enter the U.S. legally, but now have a Qualifying Relative.
Some individuals may also fall under the prior immigration laws (245i) which gives them the ability to proceed with Adjustment of Status. To determine if a person is 245i, you must have:
- Entered the U.S. prior to December 20, 2000
- Filed a Petition with Immigration or the Department of Labor prior to April 30, 2001
- Be currently present in the U.S. and have never left
- Be admissible to the U.S. with a clear criminal record
- Have a Qualifying Relative or Employer Petition with the ability to Sponsor (petition) for you.
Every immigration case is different and can present different issues and obligations. Please contact us for more information and to discuss your specific situation with one of our immigration attorneys. Call us for a free consultation!
