Article provided by: Fong Ilagan, LLP
Since there is so much confusion surrounding the adjustment of status process, Fong Ilagan would like to clear the air regarding this subject. If you think that you qualify for the adjustment of status process, or if you would like to get advice and legal counsel from an experienced adjustment of status attorney in Houston, contact Fong Ilagan today. We offer free consultations, and we can help you to get started with this process.
What is Adjustment of Status?
Adjustment of status is the second step in obtaining lawful permanent residency in the United States. The adjustment of status happens only after a family-based petition has been filed with the USCIS. If you are an immediate relative of a United States citizen, then you can qualify to file your I-130 petition and your adjustment of status (485) together - you won't have to wait for it. Immediate relatives include spouses, parents, step-parents, and children.
If you are not an immediate relative of a United States citizen, you must file the I-130 first, wait for it to get approved, wait until your visa becomes available, and then file the 485 petitions later, if you qualify for the adjustment of status.
Who Qualifies to Adjust Their Status in the United Status?
Nobody wants to leave the country if they don't have a guarantee that they are coming back. This can be very scary. Most of our clients desperately want to qualify for the adjustment of status so they can do everything internally. They can handle everything in the United States, and then they get their green cards in the United States.
Under the Immigration and Nationality Act (INA), if you entered the United States lawfully, it is enough for an adjustment of status.
You may also qualify for the adjustment of status process is through the 245-I program. The 245-I process is a law that says if anybody filed a petition on your behalf before April 30, 2001, you could qualify for the adjustment of status in the United States with only a couple of other restrictions. If your petition was filed before January 14, 1998, then all you have to do is pay a $1k fee, and you are qualified for the adjustment of status.
If your petition was filed after January 14, 1998, but before April 30, 2001, then you do get to qualify for the adjustment of status by paying the fee, but you also have to prove that you were physically present in the United States on December 21, 2000. If a petition was filed on your behalf, the requirement is not that the petition was approved, but only that it was approvable. This means that they could have approved it, even if they didn't.
Contact Fong Ilagan
If you think that you qualify for adjustment of status, speak with a knowledgeable adjustment of status attorney in Houston. We'll point you in the right direction and help you get approved.adjustment of status attorney Houston
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