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Adjustment of Status Journey: Who’s Eligible and What to Expect

Adjusting your immigration status in the United States can be a transformative step toward achieving your long-term goals. Whether you’re seeking to transition from non-immigrant to immigrant status or aiming for permanent residency, understanding the eligibility criteria and potential hurdles is crucial.

Eligibility for Adjustment of Status

Adjustment of Status (AOS) is an application filed by an individual physically present in the U.S. who wishes to change their non-immigrant status to immigrant or permanent resident status.

To qualify for AOS, several criteria must be met:

  1. Physical Presence: The applicant must be physically present in the United States.
  2. Approved Immigration Petition: For family-based petitions (Form I-130), the immigrant’s petition must be approved.
  3. Visa Quotas: Petitions are subject to annual numerical quotas for immigrant visas. Adjustment applications can only be filed once the priority dates or visa numbers are current. However, immediate relatives of U.S. citizens may file the adjustment application concurrently with the immigration petition at any time as they are not subject to the visa quotas.
  4. Legal Entry: The applicant must have entered the U.S. legally and been inspected by an immigration officer at a port of entry.
  5. No Statutory Bars: Certain statutory bars, such as unauthorized employment or unlawful status, may render an applicant ineligible for AOS.
Exceptions and Considerations

While meeting the eligibility criteria is essential, it’s crucial to be aware of potential exceptions and factors that may impact your application:

  • Immediate relatives of U.S. citizens generally have more flexibility in overcoming statutory bars.
  • Changes in circumstances, such as divorce or separation, can affect eligibility for AOS.
  • Employment-based immigrants must adhere to specific requirements, such as maintaining employment with the sponsoring employer for a designated period.
  • Adjustment of status is discretionary, meaning USCIS officers have the authority to approve or deny applications based on individual circumstances.
Navigating the Adjustment of Status Process

Navigating the AOS process requires careful attention to detail and adherence to immigration regulations. Seeking guidance from experienced immigration attorneys can streamline the process and enhance your chances of success.

At Jeelani Law Firm, we specialize in helping individuals navigate the complexities of immigration law. Our team is dedicated to providing personalized support and guidance throughout the adjustment of status journey. Contact us today to learn more about how we can assist you in achieving your immigration goals. Remember, adjusting your status in the U.S. is a significant milestone on your journey toward a brighter future. With the right legal representation, you can navigate the process with confidence and clarity.

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.