The joy of immigrating to the US is the beginning of living the American dream. But many immigrants, including those living in Seattle, Washington, face several challenges applying for an adjustment of status. This is where hiring an experienced Seattle adjustment of status immigration attorney comes in handy. Fortunately, this is a process that Katrina Zafiro, an immigrant turned attorney, knows all too well.
The seemingly straightforward process can become complicated if some of the application requirements are not met. Katrina and her team at ZafiroLaw have over a decade of experience helping many immigrant families in Seattle and its surrounding communities in King and Snohomish County.
What is Adjustment of Status?
Adjustment of status is one of the many ways an immigrant can apply for lawful permanent resident status while living in the United States. It is commonly referred to as an application for a green card.
The eligibility for application varies depending on the immigration category of the applicant. For example, an immigrant may apply for an adjustment of status through categories such as family, asylum, and victim of human trafficking crimes.
These eligibility requirements can be confusing depending on the nature of your case. However, a Seattle adjustment of status immigration attorney from ZafiroLaw can help you overcome the most difficult situations by identifying your eligibility category, including its requirements.
What are the Eligibility Requirements for An Adjustment of Status Application?
In general, a non-resident must have been legally admitted into the country after a successful inspection by immigration officers. Secondly, the applicant must be physically present in the US and eligible to receive an immigrant visa. Additionally, the non-citizen must be admissible to the country unless they qualify for a waiver of inadmissibility or any other form of relief.
Common Issues With Adjustment of Status Applications
Let’s use a marriage-based Adjustment of Status application as an example. The non-resident can apply for an adjustment of status after legally marrying their US citizen spouse to begin processing their green card. However, some couples may file for divorce before this process is complete.
A green card application can be denied if there’s no proof of financial ability. Such foreign spouses are normally sponsored by their US citizen spouses, who may decide not to submit the affidavit of support after their divorce.
However, the divorce may have been inevitable due to various reasons, such as abuse. If the US citizen was abusive, causing physical or emotional torture to the non-citizen spouse, legal recourse could be pursued to support the green card application.
Many applicants fail to meet all the eligibility requirements under the specified categories for many other reasons. These are just some of the reasons you may need a Seattle adjustment of status immigration attorney to argue your case on your behalf if you’re an immigrant.
Steps for Applying for Adjustment of Status in the US
Once you have confirmed your eligibility, your petitioner will file an immigrant petition on your behalf. In addition, you may be eligible to file the petition on your own in some isolated cases.
The petition includes at least two forms, one of which is the green card application and the other the petition itself. These forms are identified as Form I-485, Application to Register Permanent Residence or Adjust status for the former, and Form I-130, Petition for Alien Relative for the latter. Additional forms may be filed depending on the eligibility category of the applicant.
Once done, you will receive an appointment for biometrics services at a local Application Support Center to provide your fingerprints, signature, and have your photo taken. Then you you will be schedule for an interview with a USCIS officer and a request may be made that you provide more supporting evidence for your application.
Lastly, you should expect a response from the USCIS after a thorough review of your application. The USCIS will notify you of their decision in writing, and if your application is successful, they will mail your green card to your address.
If your application is unsuccessful, the USCIS will also communicate in writing, stating the reasons for the denial. Hiring an adjustment of status immigration attorney helps avoid such setbacks, increasing your chances of approval.
When Should You File for Adjustment of Status After Marriage?
Adjustment of status through marriage is for immigrants who are married when they’re in the United States with a temporary visa. Peace of mind in knowing that you or your spouse can remain in the country is a top priority.
Filing for your marriage-based green card requires extensive forms, starting with your I-130 petition.
These days, the process can take 12+ months in some cases, but many people are done with the entire process in just a few months.
Some couples will wait to begin the process until they return from their honeymoon. The timing is up to you.
Should I Wait 90 Days?
You may hear that waiting 90 days to file is ideal. Why? If you wait 90 days, you’ll have additional documentation to show information detailing your marriage. For example, you’ll be required to supply evidence that you’re married, and this can include:
- Joint residence documents
- Wedding pictures
- Joint health insurance
- Marriage certificate
- Etc.
If you don’t plan on moving in together until after your marriage and do not have some of these joint documents, you’ll need time to obtain them.+
Many people recommend waiting at least 90 days because if you can provide substantial documentation of marriage, the entire interview may be waived. Officials want to verify that the marriage is real and valid, so always provide these documents to them when possible.
This could also be a strategic move to ensure that your case is approved.
Our Recommendation
Filing your adjustment of status is one of the most important steps you’ll take after your marriage. We know how to navigate the complex immigration process and can help you fill out the forms and supply extensive evidence of marriage to streamline the process.
Our goal?
We want your application to be approved without any issues impacting your status. Marriage is a major life event, and you deserve to spend time with your spouse. Our team will:
- Review your situation
- Assist with your application
- Provide insight into the best-supporting documents to supply
Call us at (206) 547-9906 or fill out the form at the bottom of this page and we’ll be happy to schedule a consultation with you.
What Should You Bring to Your Adjustment of Status Due to a Marriage Interview?
If you apply for an adjustment of status through marriage, USCIS will likely require you to attend an interview. The interview is a standard part of the process if you’re applying for a marriage-based green card and is usually the final step.
The USCIS will require both you and your spouse to be present for the interview. An interpreter may also be present if the applicant is not fluent in English. Misinterpretations can lead to denials, so it’s best to hire a professional interpreter.
There are several items that you will need to bring to the interview. These items will be listed on your appointment notice, but typically, applicants are required to bring:
- The appointment notice: Form I-797C, Notice of Action
- A government-issued photo ID, such as your passport or driver’s license
- Your passport
- Originals of supporting documents, such as your birth certificate, marriage certificate, divorce decrees or other applicable documents
- Copies and originals of documents proving your bona fide marriage
If your circumstances have changed since you submitted your application, such as the birth of a child, make sure that you bring evidence of these developments as well.
Make sure that you arrive at your interview 15-20 minutes early and are dressed appropriately. Dress formally and have your documents with you when you arrive.
Our attorneys will ensure that you’re prepared for the interview and have all of the necessary documents.
What Happens During the Interview?
Most adjustment of status interviews last 45 minutes or less. The interview will start with introductions and swearing-in.
The USCIS officer will ask questions about your application, so you must be prepared to verbally confirm and explain your answers.
It’s natural to be nervous about the interview, but if you’ve answered all of the questions truthfully, then you have no reason to be anxious.
Because you’re applying based on a spousal relationship, some of the questions may be personal. That’s because the USCIS needs to make sure that your marriage is real. For example, you may be asked questions about your spouse’s:
- Salary
- Work schedule and workplace
- Cars and car payments
- Birth date
- Living situation when you met (where and with whom did he or she live?)
The USCIS may ask a wide range of questions to determine whether you have a bona fide marriage, so be prepared to answer these personal questions.
To help you prepare for the interview, our attorneys will discuss some of the questions you may be asked and how to respond. We’ll accompany you to the interview to give you peace of mind.
What Happens After Your Adjustment of Status Through Marriage Interview?
If the interview goes well, your I-485 application may be approved right then and there. You can expect your green card to arrive in the mail shortly after.
In some cases, the USCIS may determine that they require further evidence to make a decision on your case. In this case, they will send you a formal request in the mail, and you may be called in for a follow-up interview.
If no further evidence or interviews are required, you may still not receive a decision right away. Don’t be discouraged. You should receive a decision on your adjustment of status through marriage within a reasonable time period. You can check the status of your case online at any time.
If your application is approved, you’ll receive a notice in the mail. Your physical green card, otherwise known as a lawful permanent resident card, will arrive shortly after.
How A Seattle Adjustment of Status Immigration Attorney From ZafiroLaw Can Help You
ZafiroLaw specializes in immigration and family law to cater to the needs of immigrant families in Seattle, Issaquah, Bellevue, Kirkland, Renton, Kent, Shoreline, and the surrounding communities. With years of experience working on immigration cases, we know that a successful application for adjustment of status requires a well-thought plan. Therefore, our experts explore all legal actions possible to increase your chances of a successful outcome.
Schedule an appointment with us today for consultations about your case to learn about all options available at your disposal. Give us a call at 206-547-9906 or contact us on our website today!
