NYC Adjustment of Status Attorney

Permanent residency is the visa status of a person authorized to live and work in the United States of America permanently. Adjustment of Status is the process by which a non-United States citizen petitions to become a Permanent Resident while in the United States. Once a person becomes a Permanent Resident, they must carry their residency documentation – a green card – with them. In order to qualify for permanent resident status, a non-United States citizen must reside within the United States and meet certain criteria. When questions arise and legal support is necessary, it is important to have quality legal support. Contact an Adjustment of Status attorney from The Law Offices of Cheryl R. David today.

Eligibility for Permanent Residency

You may be eligible to apply for a green card through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions. In some cases, you may even be able to self-petition.

Eligibility categories are:

• Family-Based
• Job or employment-based
• Refugee or asylum
• Special programs

There are many benefits of taking the adjustment of status route:

• You can file an Adjustment of Status application concurrently with
  immediate relative green card petitions
• You can maintain valid status in the U.S. while your Adjustment of Immigration Status application is being processed
• You can apply for employment authorization, and
• You can appeal a denied Adjustment of Status application

Adjustment of Status Petitions

Petitioning for adjustment of status can take several months to more than a year, and requires biometrics, a medical examination to evaluate for communicable diseases, and a formal interview. The medical examination (Form I-693) must be submitted at the same time as your I-485. Failure to do so can result in the automatic denial of your application. At the medical examination, the provider will also review of immunizations and any physical and mental disorders. Some applicants, including those under the age of 14 and those over the age of 79, may be exempt from having their biometric data taken. However, they may still be required to attend the appointment for a photograph. The term biometrics refers to the processes used to identify people. Immigrant applicants have to complete criminal background checks, as having committed certain crimes can prevent or delay citizenship.

During a biometrics appointment, your fingerprints and photograph will be taken. If the person petitioning is the spouse of a United States citizen, then the immigration officer conducting the interview will also require proof of a valid marriage. If you leave the United States while your application is pending without first obtaining Advance Parole, it can result in USCIS considering your application abandoned, ultimately resulting in denial.

Visa numbers are limited to certain family members of U.S. citizens and lawful permanent residents, and for employment cases. This means that even if the immigration service approves your immigrant visa petition, you may not receive an immigrant visa number right away. Up to several years could pass between the time the immigration service approves your immigrant visa petition and the Department of State provides you with an immigrant visa number.

Contact a Seasoned Adjustment of Status Attorney

Contact an attorney from the Law Office of Cheryl R. David in New York City for assistance with your Adjustment of Status application today.