Adjustment of Status

Entering the U.S. with inspection and Adjustment of Status

If you are an immediate relative of a U.S. Citizen who entered the U.S. after being inspected and admitted, or if you were paroled into the U.S, you may be eligible to apply for a green card through adjustment of status. In order to obtain adjustment of status within the United States, a U.S. citizen petitioner must submit a visa petition (I-130 Petition for Alien Relative) on your behalf. In addition to the I-130, an adjustment application (form I-485 Application to Register Permanent Residence or Adjust Status) must also be filed with USCIS. Because immediate relatives of U.S. citizens are immediately eligible to immigrate, which means they do not need to wait for a visa to become available, these two forms may be filed at the same time. Some factors that should be considered when determining whether a person should file for adjustment of status include:

  • the person’s criminal history
  • visa fraud
  • prior removals from the U.S.
  • other grounds of inadmissibility

Keep in mind, if the immediate relative entered with inspection and is presently out of status or worked without authorization, adjustment of status may still be available. If you have questions about qualifying for adjustment of status, it is always best to contact an immigration attorney. To speak to an immigration attorney, call Ms. Escalante today! (443) 804-8250

Entering the U.S. without inspection and Adjustment of Status

If you entered the United States without inspection and, therefore, do not satisfy the above requirements, you may still be eligible for a green card through adjustment of status. To be eligible for adjustment of status, a visa must be immediately available to you and a qualifying family member or employer must have filed an approvable petition or labor certification on your behalf either on or before January 14, 1998 or by April 30, 2001, if physical presence in the U.S. on December 21, 2000 can be proved.

Please also keep in mind, whenever you are submitting forms for a petition or application seeking an immigration benefit, it is important to provide all the required documentation and evidence to support your claim. Failure to include the necessary paperwork may result in your application being delayed or possibly denied.

To learn more about qualifying for Adjustment of Status, call Marisol L. Escalante at (443) 804-8250. Please be sure to contact a qualified immigration attorney before beginning any immigration process as these matters are very complex and may present removal risks.