ADJUSTMENT OF STATUS

ADJUSTMENT OF STATUS – FAMILY PETITION

At our law firm, we have had the pleasure and honor of being able to represent and assist many individuals in their adjustment of status process. Here at Alcock and Associates, we have a team of extremely dedicated, caring and, above all, committed attorneys to work for you.

Our team of attorneys fully understands immigration law. It is also very important to have the right person to help or represent you because it can make a difference in a case.

Over the years here at our law firm, we have been able to have hundreds of positive results for our various types of immigration cases. We also offer completely free consultations and reasonable payment plans.

Let us help you in your case. At Alcock and Associates we are here to fight for you.

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Our office and team of attorneys have represented numerous individuals seeking to adjust their immigration status. Of course, we are here to help you, but before hiring our services it is very important that you understand the law and also your options.

That said, there are some people who do not qualify for this kind of help. If this is the case, that means that U.S. Citizenship and Immigration Services, or USCIS, cannot legally give you an adjustment of immigration status or permanent residence. The purpose of this is to give you the necessary and timely information that must be taken into account to qualify for an immigration status adjustment.

REQUIREMENTS FOR ADJUSTMENT OF IMMIGRATION STATUS IN THE UNITED STATES:

U.S. immigration laws allow an individual to become a permanent citizen of the United States through their family members. To promote the idea of family union, immigration laws allow people who have a “close relative” who is a U.S. citizen to apply for an adjustment of their immigration status or permanent residency.

For an individual to apply for an adjustment of status, the applicant must have a family member who meets the requirements of a ‘close family member’. Family members who qualify as a “close family member” are: spouse of a U.S. citizen, parent of a U.S. child who is at least 21 years of age, and a child of an unmarried U.S. citizen parent under the age of 21. Proof of kinship must be submitted with the application.

Then, after establishing the relationship, in order for the close relative to adjust, they must have been inspected, obtained special permission to enter the United States, OR meet the requirements for 245(i) protection. This means that the applicant must have arrived in the United States on a nonimmigrant visa or border crossing card. The applicant also has the responsibility to verify that they legally arrived in the United States. Because of this, the applicant must submit copies of all documents that were used to enter the United States.

If the individual in question does not legally enter the United States, he or she may still file an application if an application was sent to him or her that has a priority date prior to April 30, 2001. This is called a 245(i) adjustment. Section 245(i) of the immigration laws protects those applicants who meet requirements that would not normally be eligible for the right to adjust their status to permanent resident in the United States to do so under certain conditions or regulations. The adjustment under 245 (i) allows individuals to apply for adjustment of status even though they entered the United States without any inspection or have left the legal status standard. To qualify for adjustment under 245(i), the applicant must have received an application filed by him or her before January 14, 1998, OR have filed an application for the benefit of the alien between January 14, 1998 and April 30, 2001 and be physically present in the United States on December 21, 2000. The immigration application can be an I-130 family application or an I-140 labor certification application. There is also an administrative or government cost of $1000 for the 245(i) fine.

The applicant must also submit a medical examination along with their application for Adjustment of Immigration Status. The examination should be performed by a civil surgeon. A civil surgeon is a physician authorized by U.S. Citizenship and Immigration Services to specifically perform these medical examinations. The applicant member’s family or applicant must also provide proof of their income to show that if the applicant becomes a permanent resident, they will not rely on U.S. public assistance. If the petitioner does not make a certain amount of income, a co-sponsor will be needed. The cost to apply for adjustment of immigration status is $535 for the family application and $1225 for the adjustment request.

A person will not be eligible to apply for Immigration Adjustment if he or she is known to be out of state in the United States for more than 365 days or left the United States and attempted to enter again or managed to enter again. If this is the case, the person can only apply to enter the United States after 10 years have passed and he has also obtained a waiver. This applies to the applicant who came to the United States legally and illegally. A person will also need a waiver if they entered the United States legally, stayed more than the amount allowed in the United States, leaves the United States, and returns and enters, even on a visa. A person will also be eligible for Adjustment of Immigration Status if he or she has been convicted of a controlled substance offense or a crime involving immoral behavior. A crime of immoral behavior is commonly a crime that is intended to steal or defraud as one of its elements, or a crime in which bodily harm was caused as an intentional act.