Chicago Adjustment of Status Lawyers

What Is Adjustment of Status?

Adjustment of status is a process by which you may apply to become a permanent resident (green card holder) without leaving the United States. Often, an individual who is seeking permanent resident status must do so through consular processing, which occurs outside of the country. However, adjustment of status allows the applicant to remain in the country under certain conditions.

Adjustment of status (AOS) not only allows the applicant to remain in the country while their green card application is being processed, but it also allows an applicant to engage in gainful employment and reside with family members. AOS also allows an applicant to apply for permission to leave the United States while awaiting a decision regarding their application for permanent residence.

Benefits of Adjustment of Status

There are many benefits that come with an AOS. They include:

• Legal status: Adjustment of status permits you to pursue legal residency while within the United States;
• Reside with family: You may live with immediate family members who are lawful permanent residents or citizens of the U.S;
• Work permission: After your application for AOS has been pending for 180 days, you may potentially apply for and receive a work permit;
• Permission to travel: You can travel outside of the U.S. without repercussions if you have been granted advanced parole or a travel document;
• Social benefits: Lawful permanent residents can avail themselves of various social benefits, such as education, healthcare, and Social Security benefits;
• Path to citizenship: For many, AOS is a crucial step on the way toward becoming naturalized citizens;
• Educational opportunities: Educational opportunities, like scholarships and in-state tuition, are available for green card holders;
• Career advancement: Once you have a green card, opportunities for career advancement will open up;
• Sponsor family members: When you have a green card, you are eligible to sponsor other family members to come to the United States;
• Stability and security: With a successful AOS, you will experience stability and security from knowing you are legally in the country and safe from deportation.

To learn more about the benefits, give us a call at SimVisa anytime.

Who Is Eligible for an Adjustment of Status?

An adjustment of status is available for those individuals who meet the following requirements:

• Physically present in the united states: The applicant must reside in the U.S., or they will be considered ineligible for adjustment of status;
• Legal entry into the united states: An applicant who is seeking permanent resident status and AOS must have arrived legally in the United States and have been "inspected." Proof of legal entry and inspections include a stamped passport or stamped immigration form;
• No circumstance changes: If the circumstances of your case change, your eligibility to apply for AOS may have changed. For example, if an applicant divorces their sponsor, they may become ineligible to receive an adjustment of status. Another example is when an employer sponsors an alien for a work visa but eventually ends up not hiring them for whatever reason;
• No criminal record: A criminal record can and will seriously jeopardize an applicant's ability to apply for and receive AOS.

If you are unsure whether you are eligible, please contact an experienced immigration lawyer at SimVisa to learn about your options.

Adjustment of Status Process 

The adjustment of status process is a convenient way for certain visa applicants to remain in the United States while they are seeking permanent resident status.

The following is a brief overview of the steps involved in a typical adjustment of a status case.

• Review eligibility: Confirm that you are indeed eligible for adjustment of status, which requires that you have family or employer sponsorship as well as maintain a qualifying immigration status;
• File the immigration petition: The next step involves the filing of an immigrant petition by you or a family member, depending on your eligibility category;
• Collect required documents: Gather the documents that will be necessary for your cases, including IDs, proof of familial relationship or marriage, medical exam results, and employment verification documents;
• Fill out and submit form I-485: Form I-485 is the Application to Register Permanent Residence or Adjust Status and must be completed and filed with the appropriate fee with the United States Citizenship and Immigration Services (USCIS);
• Attend your biometrics appointment: Once your application has been submitted, you will be required to attend a biometrics appointment, where your fingerprints, signature, and photo will be taken for a background check;
• Sit for an interview (if relevant): Some applicants are required to sit for an interview with the USCIS. If you are called to do so, prepare with an attorney beforehand and bring all documents relevant to your application;
• Await USCIS decision: After your application, biometrics, and interview (if applicable) are complete, you will receive a USCIS decision regarding the adjustment of status. An approval means you will receive a green card. If the USCIS needs more info, you will receive a request for evidence (RFE);
• Appeal or reapply if denied: In the event that your application is denied, you will likely have the option to appeal or reapply, depending on the circumstances surrounding your denial.

Always remember that the AOS process can be complex and is unforgiving of mistakes. Mistakes can lead to denial of your application or at least a major delay. Seeking help from an experienced immigration lawyer will help you avoid mistakes on the way to acquiring lawful permanent residence.

How SimVisa Immigration Lawyers Can Help You

Are you seeking an adjustment of status and not sure what to do next? Don't panic. It is normal for applicants to be confused; immigration laws are complex. But remember that when you choose SimVisa, we help you at every stage of the process so you get it right the first time, saving you time and money and sparing you disappointment and stress.

Some of the essential tasks we engage in for your case include:

1. Evaluation of your case and assessment of your eligibility;
2. Thorough and comprehensive document preparation and review;
3. Guidance in identifying and gathering evidence to support your case;
4. Assistance with filling out forms and submitting them correctly;
5. Representation during and preparation for USCIS interviews;
6. Handling and responding to requests for evidence (RFE);
7. Review and appeal your case if it is denied;
8. Client support and updates on the progress of your case.

Delays and rejections are common among those who try to go through an adjustment of status alone. Why not get it right the first time? Choose SimVisa to help you with the adjustment of status. Although results can never be guaranteed, we have a 99% success rate with our immigration services.