Immigration

ADJUSTMENT OF STATUS LAWYER

IMMIGRATION ATTORNEYS – ADJUSTMENT OF STATUS

Alcock & Associates offers accurate, experienced, and affordable services tailored for individuals seeking adjustment or change of status.

Adjustment of status, also known as “obtaining a green card,” is a process that our team of change of status lawyers are very passionate and dedicated about.

We love having the opportunity to be able to help great people feel secure in the United States, knowing that they can permanently reside here to live with their families.

Our law office has helped thousands of individuals obtain their lawful permanent residence status (LPR).

If you or a loved one needs the services of our adjustment of status lawyers, please do not hesitate to contact us immediately to schedule your free consultation.

We comprehend that the process of obtaining an LPR can be difficult and confusing. This is why we offer free consultations here at Alcock & Associates.

Our ultimate goal at Alcock & Associates is to educate and help you throughout your adjustment of status application process.

Throughout the years, our immigration lawyers for adjustment of status have found that it is very important and critical for each of our clients to fully comprehend the process.

Below, we have provided an abundant amount of information regarding how the adjustment process works. But keep in mind if you have any further questions, you can contact us.

Secure your status today with expert legal guidance from our Adjustment of Status attorneys.

FREE CONSULTATIONS FROM EXPERT ADJUSTMENT OF STATUS LAWYER

If you or a loved one need the services of an experienced and caring immigration attorney to help you with your adjustment of status in Arizona, don’t hesitate to get in touch with us at 602-580-0354.

Make informed decisions about your status adjustment with our supportive legal team.

U.S. ADJUSTMENT OF STATUS OVERVIEW:

Also known as “AOS,” this is the process that allows certain individuals to apply for lawful immigration status in the U.S. Upon completion of this process, the applicant will receive lawful permanent residence status.

If you or a loved one are thinking about and are considering this type of application, our immigration lawyer adjustment of status would like to share some important information and tips.

Unfortunately, due to the constantly changing immigration law, there is a great deal of misinformation about Adjustment of Status in Arizona, and we hope to help you better understand your options.

QUALIFICATIONS FOR ADJUSTMENT OF STATUS:

For you to become a legal permanent resident through Adjustment of Status, you must meet a number of specific requirements.

Keep in mind that this letter only discusses Adjustment of Status, which means you may be eligible for other processes.

In order for an individual to adjust their status within the United States, they must have entered the U.S. legally.
This means that you came with some sort of visa that permitted you to enter the United States.
You must be able to prove that you entered legally, which can be done by providing a copy of your visa.
245(i): 245(i) is a special section of immigration law that allows certain people to apply for an adjustment of status in the U.S. even though they entered the country illegally.
To meet the criteria outlined in section 245(i), you must be the beneficiary of a petition that has a priority date on or before April 30, 2001.
The immigration petition giving your 245(i) protection can be either an I-130 family petition or an I-140 petition for labor certification.
If you qualify for 245(i), there is an additional $1000 “penalty” fee that you must pay at the time of application.
There may not be anything on your criminal or immigration record that would otherwise prevent you from becoming a resident.
This means you must not have any prior deportation orders or a criminal history that would restrict you from being admissible.
If you came into the U.S. with a visa, you may only apply for AOS in the U.S. if you have one or fewer periods you have overstayed your allowed stay in the U.S.
This means you CANNOT apply for Adjustment of Status if you have stayed over the amount of time your visa allowed for two or more occasions.
You must also have an immediate relative who can petition for you.
Eligible “immediate relatives” include a U.S. citizen spouse, a U.S. citizen child who is at least 21 years old or older, and a U.S. citizen parent whose child is under the age of 21.

You must be physically present in the United States at the time of your Adjustment of Status application submission.
You cannot leave the U.S. while your application is pending without first seeking permission from the United States Citizenship and Immigration Services.
You must submit a medical examination with your application for Adjustment of Status.
The medical exam must be completed by a doctor whom the USCIS has authorized to do the immigration exams.
In addition, the medical examination is conducted to make sure that you have all of your required vaccinations.
Also, the exam ensures that you don’t have any serious, contagious diseases that could make other people in the United States sick.
Each doctor has his or her fee that is charged for completing the medical exam.
You must be able to show that the person petitioning for you makes a certain amount of money based on the number of people in his or her household.
To show this requirement is met, your petitioning family member must provide his or her tax returns for the most recent year and also proof of their employment.
The government requires this information to make sure that when you get your permanent resident card, you won’t need to depend on the assistance of the government.
This assistance includes food stamps and welfare. If your petitioner does not make the required income or is not working, a co-sponsor will be needed.

Take the stress out of adjustment of status – trust our skilled change of status lawyers.

DOCUMENTS AND FEES:

Step One – Gather the required documents.

Documents must be gathered to show that you meet the requirements. You must gather documents, including the following:

Your documentation or proof of legal entry or 245(i) protection
Your completed medical exam
Proof of your relationship with the petitioner
Your petitioner’s taxes
Co-sponsor documents if needed

Step Two – Mail applications and supporting documents to United States Citizenship and Immigration Services (“USCIS”)

Once you have all the required documents and application forms completed, you are ready to file your Adjustment of Status application

Costs:
$535 for I-130 family petition
$1225 for adjustment of status application
If you have 245(i), $1000 fee
Processing time: About 6-8 months

You are also eligible to apply for a work permit with your application for your adjustment of status. The work permit gives you permission to work in the U.S. while USCIS is still reviewing your application.

After the 6-9 month processing time is done and USCIS has completely reviewed your application, you will either receive your approval notice by mail or receive an interview notice from USCIS.

Interviews are always required when your petitioner is your spouse. At the interview, the Immigration Officer will ask questions to confirm the valid relationship between you and your petitioner.

In addition, the officer will also ask you questions about your immigration and criminal history to make sure you qualify for this change of status.

Elevate your chances of a successful adjustment with our experienced green card attorneys.

YOU MUST NOT APPLY IF:

Certain conditions may make you ineligible to adjust your status in the United States. Don’t file for adjustment of status if:

You have entered the U.S. illegally and don’t have 245(i) protection
You have used fake, false, or forged documents to enter the United States
You lied to get your visa to allow you to enter the United States
You have sold, smuggled, or trafficked drugs
You helped anyone else enter the United States illegally
You have previously told someone that you are a U.S. citizen

Discover how our experienced lawyers have achieved victories for clients like you.

Frequently Asked Questions for ADJUSTMENT OF STATUS:

WHAT’S THE FIRST STEP?

The first step in the adjustment of status process is for your family member to file an I-130 for you. The reason for this is that immigration must verify that your family member qualifies to petition for you.

WHAT HAPPENS ONCE THE I-130 IS APPROVED?

After the approval, YOU will have to file the adjustment of status application. After you submit your application, you’ll need to complete biometrics and attend an interview. These steps are important to finalize your status adjustment and move closer to becoming a lawful permanent resident in the United States.

CAN I ADJUST FROM MY HOME COUNTRY?

One does have the option of adjusting from their home country. However, this is a different process that requires different paperwork. This process is also known as the consular process. If previously the individual has traveled to the United States without obtaining a visa or entered without inspection, it may be required to file a waiver.

IF I AM ALREADY IN THE UNITED STATES, DO I HAVE TO HAVE ENTERED THE US LEGALLY?

For adjustment of status within the United States, the short answer would be yes. To be eligible for adjustment of status, your entry must have been lawful. However, there are exceptions and waivers for this.

HOW LONG DOES THE PROCESS USUALLY TAKE?

The duration of the process can take anywhere from six months to a year. It all varies due to government processing. Factors such as case complexity and current immigration policies also impact the timeline.

WHEN WILL MY BIOMETRICS (FINGERPRINTS) APPOINTMENT BE?

Usually, you will be given your fingerprint appointment about three months after you submit the initial application. However, appointment scheduling may vary depending on the caseload and processing times at your local USCIS office. It’s essential to monitor your application status for updates on appointment scheduling.

WHEN DO I DO MY INTERVIEW?

The interview is usually scheduled 6 to 9 months after submitting the initial application. However, processing times can vary depending on your local USCIS office workload and other factors. It’s important to stay informed about your case status and be prepared for the interview process.

CAN I LEAVE FOR MY HOME COUNTRY AFTER I SUBMIT MY APPLICATION?

No, one should remain in the United States while your application is pending. Leaving the country could result in the abandonment of your application and may affect your eligibility for adjustment of status. It’s crucial to stay within the U.S. boundaries until your application process is complete.

DOES THIS PROCESS LEAD TO A “GREEN CARD?”

Yes. After you are approved for the interview, you normally get your permanent resident card in 30 days. Obtaining a green card through the adjustment of the status process provides you with lawful permanent resident status in the United States.

ONCE I GO THROUGH THIS PROCESS, CAN I INCLUDE MY FAMILY MEMBERS LATER?

Yes, but they must also qualify. We recommend that you get in contact with us so we can explain the process. This area of law can get very complex.

HOW MUCH ARE THE FEES FOR THE PROCESS?

Well, there are three separate fees in the entire process. Below, we have provided a list of them for your convenience.

$535 for I-130 family petition
$700 for EAD work permit I-140
$1225 for adjustment of status application form 485

WHEN MAY I BE ABLE TO START WORKING?

Throughout the process, you have the option to apply for a work permit. Recently, we have seen quite a bit of a delay in regards to approvals, however. It is not uncommon for the permanent resident card to arrive before the work permit. It is your decision whether or not you would like to file for a work permit through I-140.

HOW CAN I APPLY IF MY U.S. CITIZEN CHILD JUST TURNED 21?

You may be eligible for AOS to become a lawful permanent resident. One of the requirements is that you have a family member that can petition for you. Your U.S. citizen child who is over 21 can do this. You must prove this is your child or stepchild either by providing a copy of your child’s birth certificate showing you as the parent or adoption papers or by a marriage certificate indicating marriage to the child’s biological mother or father.

The second requirement is that you have entered the U.S. legally. That usually means you entered with either a visa or a border crossing card. You must provide a copy of either as proof. It is okay if the visa or border crossing card has expired. You are also able to apply for a work permit to get permission to work while you wait for your application to be processed.

Here is a general roadmap of what to expect. 1. Apply for adjustment of status. 2. Attend a fingerprint appointment, which is called a biometrics appointment. USCIS will schedule a time for this usually at the local USCIS office. 3. Attend an interview with a USCIS officer at an office in the United States to review your application. Your Adjustment of Status attorney will help you prepare for this interview. 4. Wait for a decision.

If approved, you will be notified, and you will be able to receive your permanent resident card.

WHAT IF MY IMMEDIATE RELATIVE IS IN THE MILITARY?

If you are the spouse of a military member, or parent of a military member, or a child under 21 years of age of a military member and you entered the United States without inspection, you are eligible for what is called Military Parole in Place. This allows you to remain in the United States legally and gives you the ability to adjust your status to become a lawful permanent resident.

You must provide proof that your spouse, child, or parent (if you are a child under 21) is a member of the United States military or was honorably discharged or retired from the United States military by providing copies of their enlistment documents, military records, or retirement or discharge papers.

Once you have been granted Military Parole in Place, you are now eligible to adjust your status.

REPRESENTATION YOU DESERVE

Here at Alcock and Associates our team and staff are dedicated to helping and representing YOU. The first step is to understand your case. We will take the time to get to know you and your legal situation so that we are best able to answer all of your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case.
EVERY CONSULTATION IS COMPLETELY FREE AND COMPLETELY CONFIDENTIAL.