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When Will an Immigrant Be Eligible for Adjustment of Status?

 Posted on December 13, 2023 in green cards

TX immigration lawyerAdjustment of status is the process by which an immigrant can change their immigration status from nonimmigrant to immigrant, allowing them to obtain a Green Card and become a lawful permanent resident of the United States. This process is available to certain people who are already present in the U.S. and meet specific eligibility requirements. When applying for adjustment of status or addressing other issues related to immigration, an experienced attorney can provide invaluable guidance and legal help with any concerns that may arise during the process.

Eligibility Criteria for Adjustment of Status

In order to be eligible for adjustment of status, an immigrant must meet several criteria:

  1. The immigrant must have entered the U.S. legally with a valid visa or other legal entry document.
  2. The immigrant must be physically present in the United States at the time they file their application for adjustment of status.
  3. The immigrant must have maintained lawful nonimmigrant status while they are waiting for their adjustment of status application to be processed.
  4. The immigrant's priority date should be current. Each category of immigrants has a limited number of visas available each year. The availability depends on factors such as family relationships or employment qualifications. An applicant's priority date determines when they can apply for adjustment of status.
  5. The immigrant should not have violated any immigration laws. Applicants who have entered the United States without authorization or remained in the country after their legal status expired may face difficulties during their adjustment of status process unless they qualify for certain waivers or exceptions.

Common Paths to Adjustment

There are several common paths through which immigrants may become eligible for adjustment of status:

  • Family-based immigration: Immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under the age of 21, are generally eligible for adjustment of status without having to wait for a visa number to become available. Other qualifying relatives of U.S. citizens or lawful permanent residents may need to wait until a Family Preference visa becomes available before they can receive an adjustment of status.
  • Employment-based immigration: Immigrants who have been sponsored for Green Cards by employers in the U.S. may be eligible for adjustment of status once their priority date becomes current.
  • Diversity Visa Lottery winners: Each year, the U.S. government conducts a Diversity Visa Lottery program that grants immigrant visas to people from countries with low rates of immigration to the United States. Winners of this lottery may be eligible for adjustment of status if they meet all other requirements.
  • Asylum or refugee status holders: Immigrants who have been granted asylum or refugee status in the U.S. may be eligible for adjustment of status after living in the country for one year.

Contact Our Dallas Adjustment of Status Lawyer

If you believe you may be eligible for adjustment of status and would like assistance with the application process, The experienced Plano Green Card attorney at Law Office of Jae Lee can help. We offer free consultations to discuss your case, and we will provide you with guidance on the best course of action you can take to become a lawful permanent resident of the United States. To schedule your free consultation, please contact us at 214-295-3014.

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