Adjustment of Status
If you are looking for an experienced immigration attorney to assist you with your Adjustment of Status Application (Form I-485) please review the appropriate sections on our website to determine if we can help you. At Law Offices of Paul Marinov, P.C. we have helped numerous individuals obtain lawful permanent resident status based on family based immigration, employment based immigration or Violence Against Women Act(VAWA).
Regular Adjustment of Status
Perhaps the most common service that immigration lawyers are sought for is assisting individuals with their applications for adjustment of status. This is the process through which a person obtains a “green card” if that person is in the United States is called “Adjustment of Status”. This is, perhaps, the most often sought service from immigration lawyers. Adjustment of one’s status is possible when that person is either the beneficiary of an approved family or employment visa petition, or in some cases, that person is the beneficiary of a such immigrant visa petition being filed simultaneously with the application for adjustment of status. person may apply for adjustment of status under & 245 of the Immigration and Nationality Act if the following requirements are satisfied:
a) The person is inspected and admitted or paroled;
b) The person must be lawfully in the U.S., except for immediate relatives, battered spouses and children, and certain special immigrants under INA & 101 (a)(27)(H).
c) A visa number must be immediately available at time of filing.
d) Applicant must make adjustment application.
e) Applicant must be eligible and otherwise admissible.
I hired Paul for immigration work, he was very knowledgeable of not only what forms we needed but also what the INS agents would be asking and looking for? We went in very prepared. I have since hired or consulted with Paul about work visas and student visas. I've recommended him to everyone I know.
Special Adjustment under INA & 245 (i)
Section 245(i) allows a person to apply to adjust status notwithstanding the fact that s/he entered without inspection, overstayed, or worked without authorization if such a person paid the special fee required (currently $ 1,000.00) as long as s/he (including spouse and children) is the beneficiary of any labor certification or petition under section 204(including I-140, I-130, I-360, I-526) that was filed on or before April 30, 2001. Additionally, if the application was filed between January 14, 1998 and April 30, 2001, the principal applicant had to be present on December 21, 2000.
Adjustment of Status Before Immigration Judge
For respondents placed in removal proceedings, Adjustment of Status is often sought as a relief from removal provided all other requirements are met. Thus, a person in removal proceeding can file his or her Application for Adjustment of Status with the immigration judge where his removal case is pending. Practically speaking, in vast majority of cases, respondents that are in removal proceedings can file to adjust their status to the one of lawful permanent resident provided that they have an immigrant visa petition approved. In vast majority of cases that means that the alien needs to have a Peition for Alien Relative (Form I-130)approved.In most cases, in which the U.S. spouse has filed a Petition for Alien Relative filed, but the petition is not approved yet, the Immigration Judge will grant a continuance while the I-130 is pending. An experienced immigration lawyer can be invaluable to guide you through the complex procedure of obtaining a green card while being in removal proceedings.
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