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Our firm has helped thousands of individuals obtain their lawful permanent residence status (LPR). This site is designed to help answer questions about the process.
If you or a loved one need the services of our immigration lawyers, please do not hesitate to contact us immediately in order to schedule your free consultation. We know that the process to become a lawful permanent resident can be difficult and confusing, which is why we offer free consultation in the office or over the phone.
We have a team of immigration attorneys who are very experienced and passionate to assist you with your adjustment of status case. 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.
We can help educate you and help you in the process of obtaining a green card. Throughout the years we have found that it is very important and critical for each of our clients to fully comprehend the process. Our job is to make the process less stressful and easier for you. Below, please find the basics regarding adjustment of status and obtaining your green card.
Immigration law permits many people to become legal permanent residents through their family members. To promote family unity, immigration law allows “immediate relatives” of United States citizens to adjust status (obtain their “Green Card) in the Untied Status.
To apply for Adjustment of Status, a person must first have a qualifying family member, or an immediate family member, that can file a petition on his or her behalf. Eligible “immediate relatives” include: spouse of a U.S. citizen, parent of a U.S. child who is at least 21-years-old, and child who is unmarried and under 21-years-old of a U.S. citizen parent. Our Green Card Attorneys can help with this process. Sometimes it can be complicated to know if you have a qualifying relative. Proof of the relationship must be turned in with the application. This part of the application is called the I-130.
After the relationship has been established, in order for an “immediate relative” to adjust status in the U.S. You must prove that you were lawfully inspected, admitted or paroled into the U.S.,OR eligible for protection under 245(i). This means that the applicant must have come to the United States on a nonimmigrant visa or with a border crossing card. You will have to prove that you crossed with inspection and you will be required to provide proof. If you don’t have this proof. Our permanent resident immigration attorneys can help obtain these documents it you don’t have them.
Here things get a little technical. If your petition was filed before May 2001, and you did not enter the country legally, call our law firm to determine if you qualify for 245(i) protection. Here’s the information that you need to know.
You may still be able to apply for Adjustment of Status if he or she had a petition filed on his or her behalf that has a priority date prior to April 30, 2001.
This is called a 245(i) Adjustment. Section 245(i) of the immigration laws protects qualified applicants who would normally be ineligible to adjust their status to permanent residence in the United States, and allows them to do so under certain conditions.
Adjustment under 245(i) allows qualified applicants to adjust in the United States even if the applicant entered the U.S. without inspection or have fallen out of lawful status. To qualify for adjustment under 245(i), the applicant must have had an immigration petition filed on his or her behalf before January 14, 1998, OR had an immigration petition filed for the benefit of the alien between January 14, 1998 and April 30, 2001 and be physically present in the United states on December 21, 2000.
The immigration petition can be either an I-130 family petition, or an I-140 petition for labor certification. There is a $1000 filing fee for the 245(i) protection (penalty).
Applicants must submit a medical examination with their applicants for Adjustment of Status. The medical examination must be completed by a civil surgeon, which is a doctor authorized by United States Citizenship and Immigration Services.
The petitioning family member must also submit proof of income to show that when the applicant receives their permanent resident status, he or she will not need to rely on public assistance.
If a certain income amount is not made by the petitioner, a co-sponsor will be needed. The cost of applying for adjustment of status is $535 for the family petition, and $1225 for the adjustment application and the complete process can take approximately 12-15 months.
Once you start the process, between 5-7 weeks after USCIS has sent receipt notices, the one who is seeking the green case must get fingerprinted. You have to go to the Biometrics Appointment at the USCIS field office. The purpose of this appointment is so USCIS can do their own background check. They will collect your fingerprints, take your photo, and have you sign your name. You have to bring a current ID to this appointment..
If you or a loved one need the services of an experienced and caring immigration attorney to help you with your adjustment of status, please contact us at 602-989-5000
Our immigration attorneys have decades of experience in helping people adjust their status. Becoming an LPR also allows you adjust to US Citizenship after three years if you gained your residency through marriage and you are still married to your spouse. If you gained your residency through a family member other than your spouse, the typical period of time to be eligible to become a US Citizen is five years. Naturalization is the process in which a legal permanent resident can become a U.S. citizen. Citizenship gives the individual certain benefits in the United States such as:
A person can either apply on an individual basis or they can apply on the basis that they are married to a U.S. citizen.
Individual Basis: If the person is not married to a U.S. citizen, then they are eligible to apply for citizenship after five years of having their legal permanent residency.
Application on the basis of Marriage to a U.S. Citizen: If the individual who is applying has been a legal permanent resident (LPR) for three years,they are married to a U.S. citizen, and has been married to the same spouse for the past three years, he or she is eligible to apply for citizenship.
The whole process takes about six months. In order to become a U.S. Citizen you have to meet the following guidelines.
Below we have listed several requirements for citizenship
Did you leave the US for more than a year? A person will not be eligible to apply as for Adjustment of Status if her or she is found to be out of status in the United States for more than 365 days. departs the U.S., and then attempts to re-enter the U.S. or is successful in reentering. Such person can only apply to lawfully enter the U.S. after 10 years have passed and are successful in obtaining a waiver.
This applies to both applicants who entered the United States legally and illegally. A person will need a waiver if it is found that he or she came to the U.S. legally, overstayed the amount of time granted to be in the U.S., departs the U.S., and reenters, even if it is with a visa.
A person will also be ineligible for Adjustment of Status if he or she has been convicted of certain crimes. They include drug offenses and other crimes of “moral turpitude.” A crime of moral turpitude generally is a crime that has the intent to steal or defraud as an element, or a crime in which bodily harm is caused by an intentional act. There other types of crimes such as certain domestic violence charges and major felonies that can prevent you from adjusting status. You will have to speak with an immigration attorney to see if your criminal history prevents you from obtaining your LPR status.
Let’s get started. We’re passionate about helping people obtain legal status. You will feel it when you contact our law office. Our dedication and commitment to our clients is unsurpassed.
Aquí en Alcock y asociados Nuestro equipo y personal se dedican a ayudarle y representarle. El primer paso es comprender su caso. Nos tomaremos el tiempo necesario para conocerlo a usted y su situación legal para poder responder a todas sus preguntas de la mejor manera posible. Después de su consulta inicial con nuestros abogados, sabrá a qué se enfrenta y qué puede suceder con su caso.
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Alcock & Associates PC
2 North Central Avenue, piso 26
Phoenix, AZ 85004
