Adjustment of Status in Dallas
Immigration Lawyers Based in Dallas, TX
When an individual enters the United States legally and meets all the necessary qualifications for a green card, the individual can go through an "adjustment of status" to change his or her status to a permanent resident (green card holder).
Adjustment of status allows those already in the United States to change one's status without having to leave the country. For those outside of the United States, the individual can go through consular processing and obtain a visa through a U.S. consulate in their country.
To be eligible for adjustment of status:
- The immigrant must be physically present in the United States
- The immigrant must already have an approved visa petition (either via family visa or work visa)
- If you entered on a K-1 fiancé(e) visa, you must have married the U.S. citizen who petitioned for you
- The immigrant must not have entered the U.S. illegally
- There must be no change in circumstances (ex: death of a U.S. citizen petitioning for an immediate relative before an application is approved)
By fulfilling the above eligibility requirements, you are not necessarily eligible for adjustment of status. There are several statutory bars of Adjustment of Status in the United States that can prevent you from receiving this.
How Much Does it Cost?
There is typically a filing fee associated with the petition for an Adjustment of Status. The charge from the USCIS will widely depend on the form that you file under, whether Form I-130, I-140, or I-360.
Our Dallas immigration attorneys at Akula & Associates provide sound legal advice for immigrants who are interested in an adjustment of status. Our team of talented, multilingual professionals can help streamline the process and offer hands-on support throughout a case.
How to Apply for Adjustment of Status
If you are eligible for the adjustment of status, you will need to complete 2 forms:
- An immigration petition
- Green Card Application
Your sponsor must file the petition for you even if you are eligible to file for yourself. There are many petitions available depending on your situation. Below are just a few examples:
- Form I-130, Petition for Alien Relative
- Form I-140, Immigrant Petition for Alien Worker
- Form I-730, Refugee/Asylee Relative Petition
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Form I-526, Immigrant Petition by Alien Entrepreneur
- Form I-918, Petition of U Nonimmigrant Status
You must also complete a Form I-485, Application to Register Permanent Residence or Adjust Status. In some cases, you might be required to have an approved immigrant petition before filing the I-485, however, if you are able to do it while the petition is pending, this is called “concurrent filing”. Other circumstances do not require an immigrant petition.
Unfortunately, the Form I-485 cannot be filed until a visa is available in your category. To know what is available, visit the Department of State Website and view the Visa Bulletin.
After the Form I-485 is filed, you will be mailed details about your biometrics services appointment -- the date, time, and location of the appointment. If you cannot make the appointment, make sure to reschedule it. If you miss the appointment, your Form I-485 may be denied by USCIS.
At the biometrics services appointment, you will be fingerprinted and photographed at the local Application Support Center (ASC). This data will be used to verify your identity and to complete background and security checks. You will be asked to sign an acknowledgment form certifying that you reviewed all the information in the application and all the information provided is completed, true, and correct when you filed it.
Finally, USCIS officials will review your documents and determine whether or not an interview will need to be conducted. If your case requires an interview, you will be notified via mail regarding the date, time, and location of the interview. If an interview is required, make sure you bring your sponsor and all the original documents you submitted with the Form I-485. This includes expired documents.
If your case does not require an interview, you will be sent a written decision notice, then your Permanent Resident Card. If your application is denied, the notice will state why and will say whether or not you can appeal the decision. If you are unable to appeal the decision, you might be eligible to file a motion to reopen or reconsider your case.
We can be reached at (844) 299-5003.