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Requirements to Qualify for an Immigration Adjustment of Status

Posted on in Green Cards

New Canaan green card attorneyIf you are legally in the U.S. on a short-term visa, you may qualify for an adjustment of status (AOS) that will allow you to legally remain in the country indefinitely. This adjustment of status will make you a lawful permanent resident (LPR) of the United States; in other words, you will receive a green card, also known as an I-551 card. 

To be eligible for an adjustment of status, you must meet some basic requirements. However, even if you meet all of the basic requirements, the approval of your application is not guaranteed. The U.S. Citizenship and Immigration Services (USCIS) hearing officers have wide discretion to approve or disapprove any application. Your application may also be subject to annual immigration quotas. An experienced immigration lawyer can help ensure that you do meet all of the requirements, improving your chance of approval. 

Criteria for an Adjustment of Status

You must meet several basic requirements in order to qualify for an Adjustment of Status, including:

  • You must be physically and legally present in the U.S. at the time of your application, and you must maintain your legal status until your application is approved.
  • You must have no criminal record or unauthorized employment activity. 
  • You must have no history of ICE detentions or deportation/removal proceedings.
  • You must meet all requirements for the category of visa for which you are applying. 

Green Card Eligibility

To obtain an adjustment of status, you must qualify for a specific type of LPR visa on the basis of one of the following categories:

  • Family: There are several ways to qualify for a green card based on family relationships. For example, you may qualify for an immediate relative (IR) visa if your parent, spouse, or child is a U.S. citizen. Alternatively, you may be eligible for a family preference (F) visa or a fiance/spouse (K) visa.
  • Employment: You may qualify for an employment-based (EB) green card if you meet certain professional or investment criteria. 
  • Special immigrant: This category includes religious workers, international broadcasters, citizens of Afghanistan or Iraq previously employed by the U.S., and long-time employees of certain international organizations, such as NATO. 
  • Refugee or asylee: You may qualify under this category if you were granted refugee or asylum status at least one year ago.
  • Victim of human trafficking or crime: To qualify for this category, you must be in the U.S. on a T or U nonimmigrant visa.
  • Other miscellaneous categories: Examples include abused spouses and children, diplomats, people selected from the immigrant diversity lottery, and people who have lived continuously in the U.S. since before January 1, 1972.

Get Your Green Card With Help From a Knowledgeable Stamford, CT  Immigration Lawyer 

If you want to apply for an adjustment of status, and you currently live in or near Fairfield County, Connecticut, turn to an experienced Stamford immigration attorney for assistance. With the help of attorney Hector Gonzalez-Velez, your application will be accurately and thoroughly completed, and you will be fully prepared for your USCIS interview. Contact Gonzalez Law Office, LLC at 203-323-1440. 

Sources:

https://www.uscis.gov/greencard/adjustment-of-status

https://www.uscis.gov/greencard/eligibility-categories

Fairfield County Bar Association Connecticut Bar Association American Immigration Lawyers Association Connecticut American Immigration Lawyers Association
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