How Long, How Much And What Are My Chances - Adjustment of Status For An Immediate Relative

In this video series you will learn how long the process is, what the process costs and be given a good idea of what your chances for success are.

How Long Will My Adjustment Of Status Take?

Video Notes

Initial Meeting - Day 1
Discuss with an attorney your eligibility, the time frames, documents needed, filing fees and the attorney fee.

Hire Attorney - Day 1 to Day 30
Receive your customized case plan and pay one half of the attorney fee.

Gather Information Approximately 30 days
This is the time when you will complete the questionnaires and gather the documents, such as birth certificates.

Drafting Forms 7 Days
My office will take no more than 7 days to draft the forms, once we have the questionnaires and documents.

Signing Appointment - As soon as you are available
You will sign the forms, and we will discuss what is next. At the end of the appointment you will pay the balance of the attorney fee and the filing fees.

Receipt Notices - 14 Days After Filing
You and I will receive the receipt and biometrics notices from USCIS and we will email them to you.

Work Card (EAD) - 77 Days After Filing
The employment authorization document should be issued in 77 days from the date of filing.

Immigration Interview 5 Months After Filing
Prior to the actual interview we will have a mock interview at my office to help prepare you.

You have your card 3 Days To 3 Months After Your Interview
You should have your permanent resident (green) card anywhere from 3 days to 3 months after the interview.

How Much Will My Adjustment Of Status Cost?

Video Notes

1. Filing Fees
Normal filing fee is $1, 490.00. The filing fee is less if filing for a child under 14 or for a person 79 or older.

2. Timing Of The Payments
First payment is ½ of the attorney and this is due at the time you hire the attorney. The second half of the attorney fee and the filing fee is due when you sign the application.

3. Standard Attorney Fee
The standard attorney fee for an adjustment of status of an immediate relative is $2,500.00. In a normal case you would pay $1,250.00 at the time you hire my office and $2,740.00 when you sign your papers.

4.  Flat Fee
This is a flat fee and covers everything from the preparation of the paperwork through the interview.

What Are My Chances To Get My Adjustment Of Status?

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Video Notes

If you have any of these issues, you have a case with problems and you need an attorney.

Summary of Grounds of Inadmissibility
  Ground  of Inadmissibility Waiver Available   Conditions of Waiver

Health Problems

Persons with communicable diseases of public health significance, in particular tuberculosis. Yes Waiver available to the spouse or the unmarried son or daughter or the unmarried minor lawfully adopted child of a U.S. citizen or permanent resident, or of an alien who has been issued an immigrant visa; or to an individual who has a son or daughter who is a U.S. citizen, or a permanent resident, or an alien issued an immigrant visa, upon compliance with USCIS’s terms and regulations.
Persons with physical or mental disorders which threaten their own safety or the property, welfare, or safety of others. Yes Special conditions required by USCIS, at its discretion.
Drug abusers or addicts. No (But doesn’t necessarily include single-use experimentation; it depends on the drug.)
Persons who fail to show that they have been vaccinated against certain vaccine- preventable diseases. Yes The applicant must show either that he or she subsequently received the vaccine; that the vaccine is medically inappropriate as certified by a civil surgeon; or that having the vaccine administered is contrary to the applicant’s religious beliefs or moral convictions.

Criminal and Related Violations

Persons who have committed crimes involving moral turpitude. Yes Waivers are not available for commission of crimes such as attempted murder or conspiracy to commit murder, or murder, torture, or drug crimes. Also, no waivers are available to persons previously admitted as permanent residents, if they have been convicted of aggravated felony since such admission or if they have fewer than seven years of lawful continuous residence before removal proceedings were initiated against them. Waivers for all other offenses are available only if the applicant is a spouse, parent, or child of a U.S. citizen or green card holder; or the only criminal activity was prostitution; or the actions occurred more than 15 years before the application for a visa or green card is filed and the alien shows that he or she is rehabilitated and is not a threat to U.S. security.
Persons with two or more criminal convictions. Yes Same as above.
Prostitutes or procurers of prostitutes. Yes Same as above.
Diplomats or others involved in serious criminal activity who have received immunity from prosecution. Yes Same as above.
Money launderers. No
Drug offenders. No Except for simple possession of less than 30 grams of marijuana. There may also be an exception for simple possession or use by juvenile offenders.
Drug traffickers. No
Immediate family members of drug traffickers who knowingly benefited from the illicit money within the last five years. No But note that the problem “washes out” after five years.
National Security and Related Violations
Spies, governmental saboteurs, or violators of export or technology transfer laws. No
Persons intending to overthrow the U.S. government. No
Persons intending to engage in unlawful activity. No
People subject to special registration who fail to have their departure confirmed and recorded are presumed to fall into this category No
Terrorists and members or representatives of foreign terrorist organizations. No
Persons whose entry would have adverse consequences for U.S. foreign policy, unless the applicant is an official of a foreign government, or the applicant’s activities or beliefs would normally be lawful under the U.S. constitution. No
Voluntary members of totalitarian parties. Yes An exception is made if the membership was involuntary, or is or was when the applicant was under 16 years old, by operation of law, or for purposes of obtaining employment, food rations, or other “essentials” of living. An exception is also possible for past membership if the membership ended at least two years prior to the application (five years if the party in control of a foreign state is considered a totalitarian dictatorship). If neither applies, a waiver is available for an immigrant who is the parent, spouse, son, daughter, brother, or sister of a U.S. citizen, or a spouse, son, or daughter of a permanent resident.
Anyone having participated in genocide, torture, the persecution of any person because of race, religion, national origin, or political opinion, extrajudicial killings, or Nazi persecution. No
Anyone who has engaged in the recruitment or use of child soldiers. No
Foreign government officials who, during their service, were responsible for or directly carried out particularly severe violations of religious freedom. No

Economic Grounds

Any person who, in the opinion of a USCIS or consular official, is likely to become a public charge, that is, receive public assistance or welfare in the United States. The official can consider factors such as the person’s age, health, family and work history, and previous use of public benefits. No However, the applicant may cure the ground of inadmissibility by overcoming the reasons for it or obtaining an Affidavit of Support from a family member or friend.
Family-sponsored immigrants and employment-sponsored immigrants where a family member is the employment sponsor (or such a family member owns 5% of the petitioning business) whose sponsor has not executed an Affidavit of Support (Form I-864). No But an applicant may cure the ground of inadmissibility by subsequently satisfying Affidavit of Support requirements.
Nonimmigrant public benefit recipients (where the individual came as a nonimmigrant and applied for benefits when he or she was not eligible or through fraud). Five-year bar to admissibility. No But ground of inadmissibility expires after five years.
Labor Certifications and Employment Qualifications
Persons without approved labor certifications, if one is required in the category under which the green card application is made. No But see Chapter 9, for a discussion of the national interest waiver.
Graduates of unaccredited medical schools, whether inside or outside of the U.S., immigrating to the U.S. in a second or third preference category based on their profession, who have not both passed the foreign medical graduates exam and shown proficiency in English. (Physicians qualifying as special immigrants, who have been practicing medicine in the U.S. with a license since January 9, 1978, are not subject to this exclusion.) No
Uncertified foreign health care workers seeking entry based on clinical employment in their field (not including physicians). Yes But applicant may show qualifications by submitting a certificate from the Commission on Graduates of Foreign Nursing Schools or the equivalent.

Immigration  Violators

Persons who entered the U.S. without inspection by the immigration authorities (INS or CBP). Yes Available for certain battered women and children who came to the U.S. escaping such battery or who qualify as self-petitioners. Also available for individuals who had visa petitions or labor certifications on file before January 14, 1998, or before April 30, 2001, with proof of physical presence in the U.S. on December 21, 2000. ($1,000 penalty required for latter waiver.) Does not apply to applicants outside of the U.S.
Persons who were deported after a hearing and seek readmission within ten years. Yes Discretionary with USCIS.
Persons who have failed to attend removal (deportation) proceedings (unless they had reasonable cause for doing so). Five-year bar to reentry. Yes Advance permission to apply for readmission. Discretionary with USCIS.
People who have been summarily excluded from the U.S. and again attempt to enter within five years Yes Discretionary with USCIS.
Persons who made misrepresentations during the immigration process. Yes The applicant must be the spouse or child of a U.S. citizen or green card holder. A waiver will be granted if the refusal of admission would cause extreme hardship to that relative. Discretionary with USCIS.
Persons who made a false claim to U.S. citizenship. No
Individuals subject to a final removal (deportation) order under the Immigration and Naturalization Act § 274C (Civil Document Fraud Proceedings). Yes Available to permanent residents who voluntarily left the U.S., and for those applying for permanent residence as immediate relatives or based on other family petitions, if the fraud was committed solely to assist the person’s spouse or child and provided that no fine was imposed as part of the previous civil proceeding.
Student visa abusers (persons who improperly obtain F-1 status to attend a public elementary school or adult education program, or transfer from a private to a public program except as permitted). Five-year bar to admissibility. No
Certain individuals twice removed (deported or removed after aggravated felony). Twenty-year bar to admissibility for those twice deported. Yes Discretionary with USCIS (advance permission to apply for readmission).
Individuals unlawfully present (time counted only after April 1, 1997, and after the age of 18). Presence for 180–364 days results in three-year bar to admissibility. Presence for 365 or more days creates ten-year bar to admissibility. Bars kick in only when the individual departs the U.S. and seeks reentry after a period of unlawful presence. Yes A waiver is provided for an immigrant who has a U.S. citizen or permanent resident spouse or parent to whom refusal of the application would cause extreme hardship. There is also a complex body of law concerning when a person’s presence can be considered “lawful,” for example, if one has certain applications awaiting decision by USCIS or is protected by battered spouse/child provisions of the immigration laws.
Individuals unlawfully present after previous immigration violations. (Applies to persons who were in the U.S. unlawfully for an aggregate period over one year, who subsequently reenter without being properly admitted. Also applies to anyone ordered removed who subsequently attempts entry without admission.) No
Stowaways. No This is a permanent ground of inadmissibility. However, after being gone for ten years, an applicant can apply for advance permission to reapply for admission.
Smugglers of illegal aliens. Yes Waivable if the applicant was smuggling in persons who were immediate family members at the time, and either is a permanent resident or is immigrating under a family-based visa petition as an immediate relative; the unmarried son or daughter of a U.S. citizen or permanent resident; or the spouse of a U.S. permanent resident.

Document Violations

Persons without required current passports or visas. No Except certain limited circumstance waivers. Under “expedited removal” procedures, CBP may quickly exclude for five years persons who arrive without proper documents or make misrepresentations during the inspection process. No hearing is available to people subject to expedited removal, unless they can demonstrate a credible fear of persecution should they be forced to return.
Draft Evasion and Ineligibility for Citizenship
Persons who are permanently ineligible for citizenship. No
Persons who are draft evaders, unless they were U.S. citizens at the time of evasion or desertion. No

Miscellaneous  Grounds

Practicing polygamists. No
Guardians accompanying excludable aliens. No
International child abductors. (The exclusion does not apply if the applicant is a national of a country that signed the Hague Convention on International Child Abduction.) No
Unlawful voters (voting in violation of any federal, state, or local law or regulation). No
Former U.S. citizens who renounced citizenship to avoid taxation. No