how can an attorney help with adjustment of status

by Brooklyn Gislason 3 min read

An Adjustment of Status lawyer can help you complete all the necessary forms, gather all pertinent information and prepare you for your interview with the USCIS. When applying for the green card through Adjustment of Status, a lawyer can advise you on what needs to be done for employment and travel authorization. Lawyer Referral Service:

A lawyer can make sure all the necessary forms and supporting evidence have been assembled and filled out correctly and sent to the right offices, while also assisting you in making the best impression possible during the application and interview process.

Full Answer

Do I need an attorney to file for adjustment of status?

Jul 11, 2018 · Hiring the right lawyer to help with your adjustment of status is the first step toward legal residency. You need someone who is aware of all the conditions and paperwork needed to apply. Hiring the right lawyer means hiring experience and qualified help to ensure that your application is filed properly.

How to apply for adjustment of status in the US?

Many attorneys charge a flat fee for immigration matters such as preparing an adjustment of status application. A flat fee can be a good deal for you, especially if you have a complicated case requiring a lot of research and/or documentation. The attorney will likely do everything you need from completing the application to assembling documents, drafting affidavits, preparing you …

Can I work while my adjustment of status is pending?

Jan 20, 2021 · Steps to follow in 2022 for the adjustment of status. 1. Determine if you are eligible to apply for the Green Card. Eligibility requirements will vary based on the immigrant category you are in. The first ... 2. You and someone else can petition …

What happens if I change my address for adjustment of status?

An Adjustment of Status lawyer can help you complete all the necessary forms, gather all pertinent information and prepare you for your interview with the USCIS. When applying for the green card through Adjustment of Status, a lawyer can advise you on what needs to be done for employment and travel authorization. Lawyer Referral Service:

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Can attorney speed up immigration process?

While an immigration attorney cannot per say “speed up” your case, the immigration attorney is knowledgeable in immigration law and will know the best strategy and options for your case. Undeniably, this avoids any unreasonable delay by anyone lacking specialized knowledge in this area of law.

Do you need lawyer for i-485?

Options for Preparing Form I-485

For individuals with complex situations, criminal offenses, or serious immigration violations, using an lawyer is the best option. But most people with straight-forward situations don't need a lawyer.
Aug 14, 2018

Who can make adjustment of status?

However, an alien who is the immediate relative of a U.S. citizen may file an adjustment of status application along with the immigration petition (Form I-130) filed by the U.S. citizen on his or her behalf.In addition to this, an I-485 adjustment of status application can be filed concurrently with an I-140 employment ...

What is the cost to do adjustment of status?

$1,140
The USCIS filing fee for the adjustment of status is $1,140 plus an $85 biometrics fee, which gives you a total of $1,225. That includes your USCIS filing when you mail out your petition to the government along with the biometrics fee that you will need to do your fingerprints.

What's the difference between attorney and lawyer?

For example in the US, an attorney is a general term for a lawyer that has passed a bar examination and can practice law in a particular jurisdiction. Attorneys act as lawyers but not all lawyers can perform the work of attorneys.Oct 22, 2021

Does USCIS send green card to attorney?

If an applicant and/or petitioner submits a duly executed Form G-28 notifying USCIS that he/she is represented by an attorney or accredited representative, USCIS will send notices to the applicant/petitioner and to the applicant's attorney or accredited representative.Jan 30, 2015

Who Cannot adjust status?

An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies. The bars to adjustment of status may apply to applicants who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law.

Why would an adjustment of status be denied?

Most adjustment of status cases require that the foreign national maintain lawful immigration status until the date that the I-485, Application to Adjust Status is filed. If a foreign national has failed to maintain lawful immigration status, his/her application will be denied at the adjustment of status interview.

What documents are needed for adjustment of status?

Adjustment of Status Checklist
  • Form I-485.
  • Two passport-style photos.
  • I-94 travel document.
  • I-797 approval receipt of your nonimmigrant visa.
  • A copy of your Employment Authorization Document, if you have one.
  • A copy of your Form I-693 medical examination results, if necessary.
Apr 27, 2022

How long it takes for adjustment of status?

The adjustment of status timeline is generally 8 to 14 months for family-based applications (and often longer for other application types). However, the most significant advantage to adjusting status is that the intending immigrant may remain in the United States with family during the process.

Can adjustment of status be denied?

There are numerous grounds of inadmissibility that USCIS reviews before granted adjustment to permanent resident status. All can lead to an adjustment of status denial. Generally, foreign nationals may be barred from adjusting status if they: Worked in the U.S. without employment authorization.May 3, 2022

Can I stay in US with pending I-485?

If you have filed Form I-485, Application to Adjust Status, you generally are not confined by the restrictions on your non-immigrant visa. You have the right to remain in the United States while the application is pending. As an F-1 student, you could potentially drop out of school.May 3, 2021

What to do if your immigration attorney says your case does not apply for adjustment of status?

If your immigration attorney tells you that your case does not apply for adjustment of status, the other option is the consular processing. For which the immigrant must leave the United States.

What is adjustment of status?

The process known as adjustment of status allows you to apply for legal permanent residence to obtain a Green Card in the United States. This immigration process is carried out by foreigners who are already within the United States. In other words, foreigners can obtain a Green Card without having to return to their country.

Can I file an I-485 form?

As a general rule you cannot file form I-485 until a visa is available in your category. Please check the visa bulletin on the official website of the U.S. Department of State.

How to check status of USCIS case?

Verify the status of your case. You can do this online or call the USCIS Contact Center at 800-375-5283. For people with disabilities: (TTY) 800-767-1833. Please keep your receipt number, A-Number, name, and date of birth available so that you can provide this information to the USCIS officer serving you.

How to contact USCIS about disability?

You can do this online or call the USCIS Contact Center at 800-375-5283. For people with disabilities: (TTY) 800-767-1833. Please keep your receipt number, A-Number, name, and date of birth available so that you can provide this information to the USCIS officer serving you. 9.

What is a waiver application?

Waiver application could mean denial of adjustment of status petition due to Public Charge Rule. The cost of Form I-485 must be paid by personal check, money order, or by credit card. In addition, Form G-1450 would have to be completed .

What is consular processing?

Consular processing as an alternative to adjustment of status. If your immigration attorney tells you that your case does not apply for adjustment of status, the other option is the consular processing. For which the immigrant must leave the United States.

What is adjustment of status?

Adjustment of status is a procedure by which foreign nationals who are already living in the U.S. may apply for Lawful Permanent Resident status. This status is typically applied for by someone who is in the U.S. illegally, for a number of reasons, including having overstayed their visa.

What documents are needed for a permanent resident?

Other forms and documentations will likely be required, including a medical exam certificate, passport-style color photos and any necessary fees. The applicant must also provide proof of their eligibility for permanent resident status, for example, the certificate from their marriage to a U.S. citizen.

What is a green card?

Someone who came to the U.S. on a work visa and is being sponsored for a green card; Someone who came to the U.S. with a visa to visit their fiancé, and who married their fiancé before their visa expired; and. Someone who received asylum in the U.S.

Adjustment of Status Application

The adjustment of status process is complicated, and any error or inaccuracy in your paperwork could ruin the entire application. Moreover, the process involves several steps, which applicants must fully understand.

Choose Experienced Immigration Attorneys

You will receive reliable client services from our team. Our staff regularly updates clients about the developments of their case, and we’re available to answer questions and address your concerns.

Preparing for Our Consultation

All consultations at The Law Offices of Michael J. Gurfinkel, Inc. are by appointment only. Before your scheduled consultation, download our Initial Intake Questionnaire, fill it out completely, and email it to [email protected] or fax to 1-818-630-4997.

What is adjustment of status?

Adjustment of status is the application process that certain foreign nationals present in the United States can use to apply for a green card. When you apply for a green card through an adjustment of status, you don't have to go back to your home country when your visa expires.

Can you accrue unlawful presence?

To not accrue unlawful presence, you should make plans to leave the United States as soon as possible. USCIS may deny your adjustment of status application for a number of reasons. You may have filled out a form incompletely or incorrectly. You may have included the wrong filing fees for your application forms.

What is the process of applying for a green card?

If you apply from your home country, the process is called "consular processing". It will involve your local U.S. consulate or embassy. Alternatively, "adjustment of status" (AOS) is the process that you use to apply for a green card while you're present in the United States. When you adjust your status, you don't need to go to your home country ...

What is AOS in the US?

Alternatively, "adjustment of status" (AOS) is the process that you use to apply for a green card while you're present in the United States. When you adjust your status, you don't need to go to your home country to complete the permanent residence application process. This article explains everything you need to know about adjusting status ...

What is the form I-130?

You'll use Form I-130 to prove that you and your U.S. citizen or green card holder sponsor are family members and have a relationship that you can base your application on.

Can I file I-485 and I-130 at the same time?

If you are filing a "nonconcurrent application," meaning you're not submitting Form I-130 and Form I-485 at the same time, your next step is to file Form I-485 once USCIS approves your I-130 petition. Form I-485 is the official application for an adjustment of status. You can only file it if you have a visa number available to you. You can check the U.S. Department of State's visa bulletin for more information about visa availability.

What is the I-485 form?

Form I-485 is the official application for an adjustment of status. You can only file it if you have a visa number available to you. You can check the U.S. Department of State's visa bulletin for more information about visa availability.

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Who Is Eligible For Adjustment of Status?

Who Is Ineligible For Adjustment of Status?

  • The following are some of the categories of people who are ineligible: 1. Someone who entered the U.S., in transit, without a visa; 2. Someone who entered the U.S. without being inspected and admitted by an immigration officer; 3. Someone who entered on a visa waiver (from a country that has a visa waiver agreement with the U.S.); and/or 4. Someone who has worked in the U.S. while …
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How Can I Apply For An Adjustment of Status?

  • Those wishing to apply must fill out the proper form, I-485. Other forms and documentations will likely be required, including a medical exam certificate, passport-style color photos and any necessary fees. The applicant must also provide proof of their eligibility for permanent resident status, for example, the certificate from their marriage to a U.S. citizen.
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Do I Need A Lawyer to Apply For Adjustment of Status?

  • A local immigration lawyercan assist you with understanding immigration laws, completing the application process correctly, meeting any deadlines and with possibly improving your chances of gaining permanent resident status via a complex process.
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