Filing for adjustment of status, also known as the green card is a lot more than simply filling out a few forms. I have gone through the process personally as well as with my clients for over 19 years. Below are some of the mistakes people have made when filing on their own.
Mistake #1 – Not understanding the alien’s current immigration status.
Adjustment only works if the alien can prove that he or she entered the US with permission (what USCIS calls “with inspection”) meaning that the alien talked to immigration officers at the border or airport and was allowed into the country. If the alien entered without permission, then we need to look at waivers and if the alien is eligible for special programs.
Mistake #2 – Not Filling out all of the required forms.
A simple application takes seven to nine different forms to be completed. 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 gathers the supporting documents.
Mistake #3 – Not having the supporting documents.
You have to prove that the marriage is real and not just for immigration reasons. You have to prove that any prior marriages have ended. You have to prove that you are not “inadmissible” because of past actions. You have to prove that there is enough financial support available for the alien. You have to prove each aspect of the application.
Mistake #4 – Not having the Affidavit of Support.
The affidavit of support is a critical part of the application and one that most people do not understand. The requirements of the Affidavit of Support both for filing the application as well as after the application is approved are substantial.
Mistake # 5 – Not sending your packet to the right location.
Each application for benefits goes to a different location. Even the same forms, based upon why you are applying go to different locations. It is important to know the correct location or immigration, after a few weeks, will reject the application and tell you to send it to the right location.
Geygan & Geygan, Ltd. Offers a Free Consultation to Discuss Your Immigration Needs
Applying for adjustment of status based on marriage entails filling out what seems to be an endless amount of paperwork. It is very important to ensure you are filling out the forms correctly the first time you apply for adjustment of status based on marriage. Part of the process for obtaining adjustment of status is seeking to work while your application is pending. At Geygan & Geygan, Ltd., our skilled immigration attorneys will provide you with one-on-one attention and explain to you how the adjustment of status process works. Our office will review your case with a free consultation and answer any questions you may have. To schedule your free consultation, contact Geygan & Geygan, Ltd. today by calling 513-791-1673.
If you are going to file for a spouse or fiancee, we have written a short report explaining the process and what you should watch out for.
