OAKLAND IMMIGRATION LAWYER SAN FRANCISCO IMMIGRATION ATTORNEY

THE WALIA LAW FIRM (415) 819-1853
A Professional Corporation (510) 887-5910

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San Francisco Immigration Lawyer

San Francisco Immigration Attorney

Oakland Immigration Lawyer

Adjustment of status is an application filed by an alien who is physically present inside of the United States to adjust his or her status to permanent resident status.

The term "adjustment of status" is distinguished in immigration practice from "change of status." "Change of status" refers to transitioning from one non-immigrant classification to another non-immigrant classification.

The most common adjustment of status application arises from a situation where an individual who entered the US in one visa classification subsequently marries a US citizen.
           San Francisco Immigration Lawyer
       Call: (415) 819-1853     (510) 887-5910

The adjustment of status application can be a complicated process with the various forms and supporting documents USCIS requires you to submit. Adjustment of Status can be obtained through:

* Family Member

1) If you are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.

2) If you are the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf.

* Fiance(e)

You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file a Petition for Alien Relative). Your unmarried, minor children are also eligible for adjustment of status. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.

* Employment

You must have an immigrant visa number available from the State Department unless you are in a category that is exempt from numerical limitations. Immediate relatives of United States citizens are exempt from this requirement.
For family members of lawful permanent residents, visa numbers are limited by law every year. This means that even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. In some cases, several years could pass between the time USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number.

* Asylee

You are an asylee or refugee who has been in the United States for at least a year after being given asylum or refugee status and still qualify for asylum or refugee status.

* Otherwise Eligible

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to get a "green card" in the United States even if they may have done any of the following:

        1) worked without permission,

2) remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

3) failed otherwise to maintain lawful status and with the proper immigration documentation.

For a confidential consultation with the Attorney, Contact a San Francisco Immigration Lawyer

The materials contained in this website are for informational purposes only and do not constitute legal advice. For legal advice, please contact The Walia Law Firm.

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