Salt Lake City Immigration Attorney
The Immigration and Nationality Act (INA), enacted in 1952, serves as the foundation of U.S. immigration law. Under the INA, certain individuals present in the United States may be eligible to change their immigration status from temporary (nonimmigrant or parolee) to permanent resident (green card holder), provided they meet all legal requirements and were properly inspected, admitted, or paroled into the country. This process is known as adjustment of status.
Under the INA, individuals seeking permanent residence generally pursue one of two pathways:
Adjustment of Status
This process applies to individuals already present in the United States who are eligible to apply for a green card without returning to their home country for visa processing.
Consular Processing
This process is used by individuals outside the United States, or those who are ineligible to adjust status, to obtain an immigrant visa through a U.S. consulate abroad before entering the United States as a permanent resident.
Adjustment of Status: Overview
To begin the adjustment process, an individual must first determine whether they qualify under a specific immigrant category. Most applicants become eligible through a family-based petition or employment-based sponsorship. Others may qualify through humanitarian programs, asylum or refugee status, or other special provisions under immigration law.
Once eligibility is established, an immigrant petition must typically be filed on the applicant's behalf. Common categories include:
- Family-based immigration
- Employment-based immigration
- Special immigrant classifications
- Humanitarian programs
In certain cases, such as when the applicant is an immediate relative of a U.S. citizen, concurrent filing may be available, allowing the immigrant petition and Form I-485 (Application to Register Permanent Residence or Adjust Status) to be filed at the same time.
The process also involves reviewing visa availability, completing biometrics (fingerprinting), and attending an interview with U.S. Citizenship and Immigration Services (USCIS), where eligibility is evaluated under oath.
Legal Guidance from a Salt Lake City Immigration Attorney
Because the adjustment of status process is detailed and time-sensitive, legal errors or omissions can lead to delays or denials. Working with an experienced immigration attorney can help ensure that each step is completed correctly and efficiently.
At Keen Law Offices, LLC, we assist clients throughout every stage of the process, helping them understand their rights and responsibilities while guiding them toward lawful permanent residency with as few complications as possible. Contact Keen Law Offices, LLC at (801) 374-5336 or reach out online to discuss your options and begin preparing your case.