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U.S. IMMIGRATION LAW |
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IMMIGRANT
VISAS ( Green Cards ) |
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Adjustment
of Status
Adjustment
of status is the process by which a
foreign individual with an approved
immigrant visa petition, who is currently
present in the United States, applies to the
USCIS for permanent resident status –
a green card.
The adjustment application may also
be filed concurrently with a family-based
or employment-based petition that has a
visa number immediately available.
Individuals who do not adjust
status in the United States may
alternatively undergo consular processing
of their immigrant visas at a U.S.
Consulate abroad. |
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Who
is eligible for Adjustment of Status?
A
foreign individual physically present in
the United States is eligible to adjust
status if the following requirements are
met:
| 1. |
The
individual was inspected and
admitted or paroled into the United
States. |
| 2. |
The
individual is eligible to receive an
immigrant visa, based on an approved
or concurrently filed family-based
or employment based petition.
Beneficiaries of diversity
visas, asylees and beneficiaries of
approved special immigrant petitions
are also eligible to adjust status. |
| 3. |
An
immigrant visa is immediately
available to the individual at the
time the adjustment application is
filed. |
| 4. |
The
spouse and minor unmarried children
of adjustment applicants who
are: a) beneficiaries of
approved family-based or
employment-based preference
petitions, b) diversity visa
winners, and c) special immigrants,
d) asylees, are also eligible to
derivatively apply for adjustment of
status. |
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The
following foreign individuals are NOT
ELIGIBLE to
adjust their status in the United States:
| 1. |
A
foreign individual admitted in
transit without a visa; |
| 2. |
Alien
crewmen; |
| 3. |
A
foreign individual not admitted or
paroled into the United States
following inspection; |
| 4. |
A
foreign individual, other than an
"immediate relative" of a
U.S. citizen, who was employed in
the United States without
authorization prior to filing for
adjustment; |
| 5. |
A
foreign individual, other than an
"immediate relative" of a
U.S. citizen, who has failed to
maintain continuous lawful status
since entry into the United States; |
| 6. |
A
foreign individual, other than an
"immediate relative" of a
U.S. citizen, who was admitted as a
non-immigrant visitor under the visa
waiver program; |
| 7. |
A
J-1 or J-2 exchange visitor who is
subject to the two-year foreign
residence requirement and has not
met or been granted a waiver of this
requirement; |
| 8. |
An
individual admitted as a K-1 fiancé
who does not marry the U.S. citizen
who filed the K-1 petition; |
| 9. |
An
arriving alien in removal
proceedings. |
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Abandonment
of Application for Adjustment of Status by
Travel Outside the United States
Travel
outside the United States by an applicant
for adjustment of status is deemed an
abandonment of the application unless:
1) the applicant obtains advance
parole before departing the U.S., or 2)
the applicant is in either H or L
nonimmigrant status before departing the
U.S. and returns to the U.S. in that
status. |
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Section
245(i)
Section
245(i) of the Immigration and Nationality
Act allowed individuals who entered the
United States without inspection or parole
or who otherwise violated the terms of
their lawful status in the U.S. to
nonetheless adjust status in the U.S. on
the basis of an approved immigrant visa
petition by paying an additional sum of
$1000.00.
Section 245(i) expired on April 30,
2001. |
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Section
245(k)
Section
245(k) of the Immigration and Nationality
Act allows foreign individuals who are
beneficiaries of approved employment-based
immigrant visa petitions to apply for
adjustment of status despite that during
the 180 day period before filing for
adjustment they failed to maintain
continuous lawful status or engaged in
unauthorized unemployment. |
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Concurrent
Filing of the Adjustment Application
The
USCIS allows the concurrent filing of
adjustment applications with family-based
immediate relative petitions and
employment-based petitions where a visa
number is immediately available. |
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Employment
Authorization
An
applicant for adjustment of status may
apply for employment authorization for the
period in which his or her application is
pending.
The USCIS is mandated by law to
adjudicate an application for employment
authorization within 90 days.
Currently, employment authorization
is issued for a one-year period and then
must be renewed. However, a recent change
in the immigration regulations will allow
the USCIS to grant employment
authorization for a longer period
consistent with the time it takes to
process an adjustment of status
application. |
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Advance
Parole
An
individual who has filed for adjustment of
status must obtain advance parole before
departing the United States, unless he or
she is in H or L nonimmigrant status
before departing the U.S. and returns to
the U.S. in that status.
Advance Parole is issued for a
one-year period and may be valid for
multiple entries.
It also must be renewed if
adjustment is not granted within one year. |
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How
Do I file for Adjustment of Status?
Adjustment
of status applications based upon
family-based petitions are filed at the
nearest local USCIS office.
Applications based upon employment-based
or special immigrant petitions are filed
at the appropriate USCIS regional
service center.
Asylees applying for adjustment of
status file at the USCIS Nebraska
Service Center.
To
request a consultation regarding an
adjustment of status application, please
contact our office here. |
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