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Adjustment of Status or getting a "Green Card", is the process when someone who is not a citizen of the United States, applies for and is granted permission to live and work in the United States permanently. Adjustment of Status is for those who are physically present in the United States when they apply. Those outside the United States must apply through the consulate.
A simple application takes seven to nine forms to be completed. And according to the Office of Management and Budget of the White House, it takes a little over 21 hours and a half hours to complete the forms and gather the supporting documents.
Applicants have the burden of proving they are eligible for the benefit sought. As such the applicant must prove the marriage was valid both where formed and under INA. The marriage may also not have been entered into for the purpose of obtaining immigration benefits.
Intent To Keep U.S. Permanent Residence
A lawful permanent resident (LPR) must have the intent to maintain the United States as their permanent residence. If there is an absence of intent coupled with objective circumstances, lawful permanent residents (LPRs) can lose their status even if they visit the U.S. often. An LPR may have multiple residences, but U.S. residence must be the permanent one.
Good Moral Character
Applicant must show good moral character, must not be ineligible for citizenship, not deportable as a terrorist or Nazi, and not inadmissible as the law relates to criminals, procurers and other immoral persons, subversives, violators of the narcotics laws and smugglers of aliens.
The applicant will have to their lawful entry. Issues often arise, however, when one has misplaced an entry document, one was not provided an entry document, or one was not fully truthful at the time of entry.
Affidavit Of Support
An applicant must be able to prove that he or she is not likely to become a financial burden on the public. This is done by completing an affidavit of support or showing forty qualifying quarters of work by the applicant.
Applicant Must Pass A Medical Exam And Security Clearances
The applicant must complete a medical exam to show no disqualifying medical or mental conditions, as well as pass all security clearances.
Applicants who, by fraud or willfully misrepresenting a material fact, seek to procure, have sought to procure, or have procured entry into the United States are inadmissible.
Prior Voluntary Departure And Deportations
If an applicant has a prior voluntary departure but failed to depart, he is statutorily barred from adjustment of status. If the individual did depart and then returned lawfully, he or she may be able to file a waiver of inadmissibility if he or she had unlawful presence prior to departure to cure the entry.
Traveling While Application Is Pending
Unless the applicant is in valid H or L status, he or she will abandon the application for adjustment of status if he or she travels outside the United States before being granted advance parole. To return to the United States in L or H status, the foreign national must be in valid status and also possess a valid visa stamp. The foreign national may also choose to enter the United States with advance parole. If so, then upon return to the United States, he or she will be detained in secondary inspection to confirm that the application for adjustment of status is still pending.
What We Do
Services Typically Performed During Our Representation
- Examine your unique facts in order to identify any problems or issues, and discuss with you the best approach in dealing those problems or issues.
- Create an online account for you and your spouse to be able to follow your case process, upload and download questionnaires, forms and supporting documents. We have created this to speed up the process of gathering the required information.
- Prepare all required immigration forms.
- Prepare attorney certified copies of your original documents for submission to the USCIS and return the original documents to you.
- Prepare an attorney cover letter for your submission and combine it with the USCIS forms and evidence to create a well-documented submission that avoids novice mistakes, and submit it to the appropriate USCIS Service Center.
- Mail or email the receipt notice to you and show you how you can use the USCIS website to monitor the processing of your case.
- Show you how to use the USCIS processing time reports to determine if your case is taking too long.
- Monitor the progress of your petition with the USCIS Service Center and contact them if they make any errors or are not processing as fast as they should.
- Supply you with copies of all correspondence sent to my office from the USCIS about your case.
- Contact the USCIS to resolve any mistakes they might make during the processing of your petition.
- Monitor your case for the timely approval of your employment authorization.
- Supply information and tips to help you and your spouse prepare for the interview.
- Prior to the interview have a mock interview to prepare you as well as to note any updated or changed information.
- Attend local interview in person.
Free Ebook on Green Card for Your Spouse
This ebook talks about the differences in filing for residency for your spouse through USCIS and the Consulate.
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