Immigration & Criminal Defense Attorneys

ADJUSTMENT OF STATUS

Salt Lake City Immigration Attorney

The Immigration and Nationality Act (INA), was created in 1952 and today it serves as the basic body of immigration law for the United States. The INA allows someone to change their immigration status while they are in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if they have been inspected and admitted or paroled into the U.S. and if they can meet all qualifications for a green card (permanent residence) in a particular category. This process whereby a person changes their immigration status is called “adjustment of status.”

Under the INA, an individual has two primary paths towards permanent resident status. Adjustment of status refers to the process where an eligible person is already in the United States and can obtain a green card without having to return to their home country to complete visa processing.

On the other hand, consular processing is an alternate process for individuals outside the United States or for individuals inside the U.S. who are unable to adjust status. Consular processing allows individuals to obtain a visa abroad and enter into the United States as a permanent resident.

Adjustment of Status: Process

To work towards changing your immigration status, you will first need to determine if you fit into a specific immigrant category. The majority of immigrants become eligible for a green card when a family member or an employer files a petition on their behalf. However, others become permanent residents when they first obtain refugee or asylum status, or through other special provisions.

Once you determine which immigrant category fits your situation, you will need to have an immigrant petition filed on your behalf. The main categories include: family based, employment based, special classes for immigrants, and humanitarian programs.

If you have an immediate relative who is a U.S. citizen, you may be able to file your petition at the same time you file your Form I-485, Application to Register Permanent Residence or Adjust Status. This is called “concurrent filing.”

Seek Legal Assistance from a Salt Lake City Immigration Lawyer

The steps of adjustment of status also involve checking visa availability, fingerprinting, and attending an interview at a USCIS office to answer questions under oath or affirmation. If you are looking to adjust your immigration status, we highly recommend that you enlist the services of a Salt Lake City immigration attorney from Keen Law Offices, LLC. We can inform you of your rights and responsibilities and guide you every step of the way in order to avoid any unnecessary hassles or delays.