An Adjustment of Status is the process in which a non-citizen already living in the United States with temporary permission can apply for and receive a Permanent Resident Card, or Green Card, without having to leave the country and come back.
In order to be eligible for Adjustment of Status, a person first must be eligible to apply for a Green Card.
As with other circumstances, when it comes to Green Cards, immigration law is a hodgepodge of statutes, regulations and other governmental actions.
There are multiple ways a person can establish that they are eligible for a Green Card, but in each case, the person will have to show they are entitled to be a Permanent Resident.
Green Cards are not automatically given even to those who have been living in the United States for years. In fact, in most cases, the person wanting a Green Card will have to show that a visa is available for them.
The person will need to decide under what law they will pursue a visa or other authorized status that will allow them to stay in the United States indefinitely. A person’s individual circumstances play an important role when deciding how they will pursue their goal of getting a Green Card.
The route to Adjustment of Status that a person chooses will determine the additional steps that person must take after properly applying for Adjustment of Status. The person will in many cases need someone like a family member or employer to sponsor their request for Adjustment of Status.
In some situations, the person may have to attend an interview or provide additional information to authorities.
Appeals from a denial of Adjustment of Status are rarely allowed, but a person may be able to ask for reconsideration or for permission to reopen their case.
Those seeking Adjustment of Status should consider getting legal assistance
It is easy for someone unfamiliar with how to the law works to make mistakes when applying for Adjustment of Status. These mistakes can prove costly to a person’s case. Those immigrants in the greater Miami area who are looking to remain in the United States indefinitely should make sure they understand their rights and options.
