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What is Adjustment of Status?
Adjustment of status is the process through which you can obtain lawful permanent residency, also known as your “green card,” when you are already physically located in the United States. You can apply for adjustment of status in the family category, the employment category, or the refugee category. In today’s blog, we’ll focus on answering some of the most commonly asked questions regarding the family-based category, specifically for those seeking marriage-based adjustment of status.
How Do I Begin the Adjustment of Status Process?
First and foremost, you need to find an experienced immigration attorney to guide you. When it comes to immigration, even the smallest mistake can have disastrous consequences. Don’t risk going into it on your own. Your attorney will help you get started by filling out USCIS Form I-485, among many other forms, which is intended to prove that you are eligible to become a permanent resident.
How Long Will the Adjustment of Status Process Take?
This will depend on many factors that are unique to you. In general, you can expect the adjustment of status process to take anywhere from 8 months to 14 months.
Can My Application Be Denied?
Yes! Adjustment of status is a privilege, not a right. Even seemingly minor mistakes can trigger a rejection. That’s part of the reason it is so important to get everything right on the first try.
Can I Apply for Adjustment of Status if I Entered the United States Unlawfully Before Getting Married?
If you entered the United States unlawfully, it will make it much more difficult for you to get a green card. In some very rare cases, it is possible that you could qualify to apply for adjustment of status under old laws, but in the vast majority of cases, you cannot. You will have to apply for your green card/permanent resident status through consular processing, and you are likely to be subject to a three- or ten-year bar from the United States unless you obtain a waiver.
ZafiroLaw Can Help You
If you need help with these matters, contact Attorney Katrina S. Zafiro of ZafiroLaw today. ZafiroLaw focuses on family law and immigration matters. We are passionate about helping our clients achieve peace of mind while navigating complex processes like this one. To learn more about how we can help you, contact us today!
