Dreaming of a Green Card? Our Salem Adjustment of Status Lawyer Can Make That Dream a Reality
A green card opens a world of possibilities for foreign nationals. Adjustment of status is the process foreign nationals who are currently inside the United States can use to become lawful permanent residents. Vanderwall Immigration is happy to offer legal services to the immigrant community in Salem. Our legal team excels at finding solutions to your needs, and we can meet for an introductory consultation to gain a better understanding of your goals. A green card is within reach if you hire the right legal team, but the process isn’t easy. Contact us today so we can get started.
Do You Meet the Eligibility Requirements?
In the ideal world, everyone present in the United States could apply to adjust their status and become a green card holder. However, that’s not the world we live in right now. Instead, the United States limits who is eligible to apply for a green card while physically present in the U.S.
Generally, you will need to meet the following requirements:
- You are physically present in the U.S. Someone who is outside the country should possibly use consular processing back home.
- You legally entered the U.S. An illegal entry can make you ineligible for a green card.
- You qualify in an eligibility category:
- Employment
- Family
- Asylee or refugee
- Special immigrant
- Abuse victims
- Human trafficking or crime victims
- Other
- Registry
- There are no statutory bars preventing you from adjusting status. Some bars include failing to fulfill a required waiting period or having worked without authorization in the U.S.
Call Vanderwall Immigration. We can review whether you meet the criteria spelled out above and, if there are problems, consider if there are any workarounds.
How Do You Request Adjustment of Status?
The process might vary slightly from person-to-person. But we provide a general outline in this section.
You begin by first checking your eligibility with an attorney. Adjustment of status is a long process, and you should see if you are eligible before beginning. Further, there might be statutory bars preventing your adjustment of status, but we might possibly request a waiver.
Next, someone needs to sponsor you by filing a petition. Typically, a family member or employer sponsors, but you might be able to self-petition in certain situations. Don’t overlook this step. You won’t be approved unless you have appropriate sponsorship.
You should also check to see if there is an available visa for your eligibility category. The U.S. limits the number of visas, so we encourage checking regularly.
When a visa is available, you can submit your Form I-485 to the United States Citizenship and Immigration Services (USCIS). You should include all supporting documentation and ensure the application is completed fully and accurately. Also include your filing fee.
When USCIS receives your Form I-485, they will schedule a biometrics appointment for you to give fingerprints and other information to confirm your identity. You shouldn’t miss this appointment.
Lastly, you might need to meet for an interview with USCIS. Interviews are not always required, but the agency might want to double check information or delve deeper into something. Remember to talk with an attorney to prepare for the interview, because it is critical.
USCIS takes about 8-14 months to decide whether to approve a completed application. They should spell out the reasons for any denial. Typically, you can’t appeal an unfavorable decision.
Documents & Information for an Adjustment of Status
Form I-485 asks for a considerable amount of information. Work with our team to gather it ahead of time. Some information includes:
- Your name, country of birth, and other personal information.
- The eligibility category, such as family based, employment, or other.
- An applicant’s employment history, including information about each employer.
- Information about the applicant’s parents, spouse, and children (when applicable).
- Your ethnicity, race, height, weight, and other personal details.
- Your full criminal history, including any arrests and prosecutions.
- Any immigration violations, including illegal entries into the United States.
- Financial details, including income and assets.
- Your educational history, including degrees, certificates, licenses, and other educational credentials.
This information is just a fraction of what you need to provide. Many people do not have this information at their fingertips, so start early finding required documents, like birth certificates and full academic transcripts.
Honesty is at a premium, as well. If you misrepresent or omit something—like a criminal violation—then you sink your chances of obtaining a green card. You might even face immigration fraud charges.
Responding to a Rejection
Adjustment of status is discretionary, so it isn’t surprising that USCIS rejects many applicants. USCIS should spell out the reasons they have denied your application. In our experience, some of the most common include:
- You haven’t fulfilled the waiting period. Someone with a J visa must wait at least two years before they apply to adjust status. If you jump the gun, then USCIS will reject you.
- You can’t prove you can financially support yourself. USCIS does not want to give a green card to someone who ends up on public assistance. For that reason, you need to show you can support yourself or a family member has the resources to support you.
- You are ineligible. For example, a statutory bar might prevent you from adjusting status, or you entered the country illegally and that fact comes out during the application process.
- You committed fraud or made misrepresentations. These are serious charges—and a critical reason to work with an attorney when completing an application.
You have some options after a denial. Unfortunately, you have only a limited right to appeal. But you might submit a motion to reopen or reconsider. Let Vanderwall Immigration help you determine the best step to take. Even if you didn’t hire us to complete your petition, we can advise about how to respond to a denial.
At Vanderwall Immigration Our Adjustment of Status Lawyers Can Help You
The adjustment of status process is daunting. Foreign nationals and their families need steady and confident guidance to give themselves the best chance of obtaining a green card. Call our firm. A Salem adjustment of status lawyer provides many valuable services to our clients:
- Proactive review of eligibility: We can review your situation and identify any impediments to a green card. For example, we might request a waiver of a statutory bar. It is best to start early so that there isn’t unnecessary delay.
- Track down documents and information: The application requires a considerable amount of information. We can track down birth certificates or other documents which you might not have easy access to, since you are living in the U.S.
- Complete your application: You want your Form I-485 to be complete and accurate. Let us fill it out for you and submit it to the correct department. We’ll double check everything because omissions can result in denials.
- Interview preparation: When USCIS requests an interview, they usually have questions about something on your application. For example, they might suspect you entered a sham marriage for immigration benefits, or they are confused about your criminal history. Let us review how to approach your interview.
Call Vanderwall Immigration as soon as you can. No matter where you are in the process, we can jump in and help.
Get the Legal Help You Need for Your Adjustment of Status
A green card could be at your fingertips. Work with a seasoned immigration attorney to identify and address any problems. This is a wonderful opportunity, and our firm is happy to help. Vanderwall Immigration has the knowledge you need when requesting an adjustment of status. Contact us to schedule a meeting.
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I highly recommend Vanderwall immigration. They are very professional and care about their clients. They stayed on top of things to make sure my case ran smoothly. Always communicated with me and kept me informed on my case. I am very happy with their services.
Nevaeh Buen
I had the best experience with Vanderwall immigration. Today I'm a USA citizen and my husband is finally home and a legal resident. Everything was perfect, no delays, no errors. Paula always made sure everything was done exact and precise and she always made this process smooth and stress free. We are very pleased and grateful and recommend their services to everyone.
Karla
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