Adjustment of status is the process by which a foreign person applies for and obtains his or her permanent legal status or more commonly known as their green card. Those who qualify for adjustment of status can avoid having to travel outside the United States to their country of origin to obtain their legal status from abroad. Instead, the adjustment of status is an internal administrative process handled by the USCIS which typically takes approximately 6-9 months to be resolved.
Individuals who qualify for an adjustment must meet the following criteria:
- The foreign person must have been “admitted” or “paroled” into the United States.
- The foreign person must not have engaged in unlawful employment in the United States.
- The foreign person must have maintained status during all periods of staying the United States and he or she must not have violated the terms of a nonimmigrant visa.
- The foreign person who seeks adjustment of status based in an approved employment based petition must be in a lawful nonimmigrant status at the time of filing.
- The foreign person must be “eligible” for immigration for example, be an immediate relative of a U.S citizen, a person selected under the diversity program, or preference immigrant qualifying in either a family-sponsored preference or an employment-based preference.
- The foreign person’s family-based or employment-based visa petition must be ‘immediately available’ to the alien.
- The foreign person must not be inadmissible (ie. have committed certain acts or crimes) and must merit a favorable exercise of discretion.
We Can Help
San Diego Immigration Attorney Cesar Luna has represented clients with their green cards in San Diego for more than 12 years. We are committed to deliver exceptional service and positive results. For more information call today to schedule a consultation with one of our attorneys at (619) 702-6330.