U.S. immigration laws are constantly evolving, and becoming a permanent resident is rarely a straightforward process. However, with a thorough understanding of the law – and the support of an immigration attorney – you may be able to find an opportunity to acquire a green card.
If you qualify for a green card and you were inspected and paroled or admitted into the United States, then it may be possible for you to adjust your immigration status from parolee or nonimmigrant (temporary) to immigrant (permanent).
In most cases, an individual can only adjust his or her status through a petition filed by a family member or employer. However, according to U.S. Citizenship and Immigration Services, there are special provisions that allow qualifying immigrants to adjust their status without a petition from a family member or employer.
In order for your application to be successful, you will have to complete the required forms without mistakes and submit extensive documentation to prove your eligibility. A small oversight could delay the process or lead to a denial.
If you would like to adjust your U.S. immigration status, contact Probinsky & Cole. Our law firm has been providing compassionate and knowledgeable representation for more than 25 years. Se habla español. Call 866-805-8947 to schedule a consultation with a green card lawyer in Sarasota.
Am I Eligible for an Adjustment of Immigration Status?
As mentioned previously, most individuals who adjust their immigration status become eligible though a petition filed on their behalf by their employer or a family member. However, you may also qualify for permanent resident status after you obtain refugee or asylum status, or after you fulfill other special provisions.
Each case is unique. The best way to find out if you may qualify for an adjustment of status is to speak with an immigration attorney.
Which Forms Must Be Filed to Adjust My Immigration Status?
The immigrant category that applies to your case will determine how you approach the process of applying for an adjustment of status. If a family member is petitioning on your behalf, then he or she will file Form I-130, Petition for Alien Relative.
If an employer is petitioning on your behalf, then he or she will file Form I-140, Petition for Alien Worker, on your behalf. However, if you intend to invest capital in a U.S. business, then you may qualify for an adjustment of status by filing Form I-526, Immigrant Petition by Alien Entrepreneur.
You may also qualify for an adjustment of status through a humanitarian program. Although this does not usually require a petition, you will have to fulfill other requirements to adjust your status.
Some immigrants fall into special classes and can file Form I-360, Petition for Amerasian, Widow(er), and Special Immigrant. This form may also be filed on your behalf.
You will also have to file Form I-485, Application to Register Permanent Residence or Adjust Status, when a visa becomes available. Depending on your immigrant category, you may be able to file this form concurrently with other forms.
It is common for applicants to make mistakes on Form I-485 and to omit critical evidence to prove their eligibility. This could delay the process or lead to a denial of your application. The best way to avoid this is to enlist the help of a green card lawyer.
If you would like to speak with an immigration attorney in Sarasota, contact Probinsky & Cole. Schedule a consultation today by calling 866-805-8947.
