Adjustment of Status
Certain properly admitted nonimmigrants who are already in the United States may apply for permanent resident status though a process known as "adjustment of status" (do not confuse "adjustment of status" with "change of status," which refers to the modification of one nonimmigrant status to another). Adjustment of status may eliminate the time consuming and expensive process of returning to a home country and applying at the U.S. Embassy/Consulate for an immigrant visa. The immigration lawyers in our Michigan office can assist you.
An adjustment of status application does not stand alone. It must be based upon a previously approved (or concurrently filed, when applicable) visa petition (typically an I-130, Petition for Alien Relative or an Immigrant Petition for Alien Worker (I-140)) and said petition must be available for immediate use.
By far, most adjustment of status applications are filed when an applicant is seeking permanent status based upon a family or employment sponsored petition. In employment situations, the applicant must have already been approved for, and have immediately available, an immigrant visa number, and in some cases, have an approved Labor Certification. In family based cases, the applicant may have an approved family-based immigrant petition and a current priority date, or, in some circumstances, may file a family-based immigrant petition concurrently with their adjustment of status application.
In order to qualify for Adjustment of Status, the applicant must fall into one of the following categories:
If an applicant meets the eligibility requirements, the applicant files an application with the U. S. Citizenship and Immigration Services (USCIS) office with jurisdiction over the particular type of application being submitted and/or residence of the applicant. The USCIS then reviews the application, schedules the applicant for biometrics collection, and, in most cases, schedules the applicant to attend an interview.
In determining whether or not an adjustment of status application is to be granted, as a matter of discretion, the USCIS may look at a variety of factors, such as length of residence in the U.S., previous immigration history, any preconceived intent of the applicant when originally entering the U.S., and any history of immigration law violations.
The applicant will be notified of a decision regarding their adjustment of status application in writing. If approved, the applicant typically receives their permanent resident card within 30 days.
If the application is denied, the applicant may need to travel abroad for visa processing.
As a reminder, while an adjustment of status application is pending, the applicant must advise USCIS of any/all changes in address within 10 days of such change.
We may assist you in determining whether you qualify to file an adjustment of status application, in the actual filing of your adjustment of status application, and accompanying you to your interview as your legal representative.
The Law Firm of Antone, Casagrande & Adwers, P.C. helps individuals and businesses worldwide with all of their US immigration needs including employment visas, obtaining green cards for business and corporate employees and family members, visas for doctors, nurses, therapists, and other health care workers, together with waivers for physicians under J visa training program, labor certifications (PERM), national interest waivers, marriage-based adjustments and green cards, fiancee visas, family immigration preferences, students, naturalization and citizenship, including medical waivers, asylum, deportation, hardship waivers, voluntary departure and removal. We serve clients in southeast Michigan including the Detroit Metro area, Ann Arbor, and Lansing. With offices in Farmington Hills, MI, we are close to Southfield, Troy, West Bloomfield, Birmingham, Novi, Rochester and Auburn Hills in Oakland County; Canton, Plymouth, Dearborn, and Detroit in Wayne County; Warren, Sterling Heights, and Mount Clemens in Macomb County; Brighton and Howell in Livingston County; Lansing in Ingham County; City of Monroe in Monroe County, Ann Arbor in Washtenaw County; Grand Rapids in Kent County; Battle Creek in Calhoun County; Kalamazoo in Kalamazoo County; Benton Harbor in Berrien County; Holland in Ottawa County; Flint in Genesee County; Ludington in Mason County; Muskegon in Muskegon County; and Traverse City in Grand Traverse County, Michigan. Although many of our clients are located in the tri-county area of Wayne, Oakland and Macomb, we also serve clients in many cities and states in the U.S. including Cleveland, Toledo and Cincinnati, Ohio; Chicago, Illinois; Milwaukee and Green Bay, Wisconsin; Indianapolis, Indiana; Buffalo, New York; Los Angeles, San Francisco and San Diego, California; Phoenix and Tucson, Arizona; Dallas, Houston, El Paso and Galveston, Texas; Miami, Florida; Washington D.C.; Virginia, Minnesota, Pittsburgh and Philadelphia, Pennsylvania, and many others. In addition to the United States, we also serve Canadian nationals from numerous provinces in Canada, including Toronto and Windsor in Ontario; Montreal in Quebec; Halifax in Nova Scotia; and Vancouver, British Columbia. We also serve cities and countries such as London, England; Scotland and other countries of the United Kingdom (U.K.); Mexico, Paris, France; Frankfurt and Berlin, Germany; Tokyo, Japan; India; Brazil; Rome, Italy; Shanghai and Beijing, China; Belgium; the Philippines, and many other countries in Europe, Asia and South America.