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Connecting Borders, Building Futures:
Your Immigration Journey Starts Here
Nashville Adjustment of Status Attorney
At CB Immigration Law, we understand your trust in our firm is paramount, and we are dedicated to providing unwavering support throughout your immigration journey. We recognize the intricate nature of immigration laws and the challenges they pose. The immigration process can be complex, challenging, and cumbersome. Our experienced team is here to navigate you through the complexities of the immigration process with expertise and dedication, ensuring your peace of mind every step of the way.
CB Immigration Law, provides assistance to clients nationwide in navigating the process of obtaining marriage visas, fiancé(e) visas, and other visa options. Our experienced immigration lawyer is dedicated to helping clients secure work authorization, legal status, permanent residency, and ultimately U.S. citizenship. If you are a U.S. citizen married to a non-U.S. citizen, CB Immigration Law is here to support you every step of the way.
ADJUSTMENT OF STATUS
What is Adjustment of Status?
Adjustment of status (AOS) is a process that allows certain non-U.S. citizens who are physically present in the United States to apply for lawful permanent resident (LPR) status, commonly known as a green card, without having to leave the country to apply for an immigrant visa through consular processing. Essentially, it enables eligible individuals to adjust their immigration status from a temporary visa holder to a lawful permanent resident while remaining in the United States.
Those unable to pursue Adjustment of Status may be eligible consular processing. Consular processing is a method for obtaining a U.S. immigrant visa and lawful permanent resident (LPR) status (green card) for individuals who are outside the United States. It involves applying for an immigrant visa through a U.S. embassy or consulate in the applicant's home country or country of residence.
What is the Benefit of Adjustment of Status Compared to Consular Processing?
Adjustment of Status allows eligible individuals to apply for a green card while remaining in the United States. This means they can continue living and working in the U.S. throughout the application process, without the need to return to their home country. Adjustment of status eliminates the need for such travel, reducing the potential for separation from family members and minimizing disruptions to work or personal obligations.
Who is Eligible to Adjust Status?
The adjustment of status process is typically available to individuals who meet specific eligibility criteria, including but not limited to:
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Individuals eligible for an immigrant visa based on family relationship, employment, asylum, refugee status, or other humanitarian grounds.
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Individuals who have maintained lawful immigration status or is eligible for an exception to unlawful presence.
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Individuals who have maintained lawful immigration status or is eligible for an exception to unlawful presence.
Am I Able to Adjust Status if I Entered Illegally or Ordered Removed and Failed to Leave the United States?
For individuals who entered the United States illegally (without inspection) or were ordered removed and failed to leave the country, adjusting status to lawful permanent resident (green card holder) while remaining in the United States is generally not an available option.
Do All Visa Categories Allow Adjustment of Status?
Several types of visas allow adjustment of status (AOS) in the United States, enabling individuals to transition from nonimmigrant status to lawful permanent resident (LPR) status (green card holder) without leaving the country. Here are some common visa categories that may allow adjustment of status:
Family-Based Immigration (Immediate Relatives and Family Preference Categories):
Spouses, parents, and unmarried children under 21 of U.S. citizens fall under the immediate relative category, which often leads to LPR status. Family preference categories, including unmarried sons and daughters of U.S. citizens, married sons and daughters of U.S. citizens, and siblings of U.S. citizens, may also eventually lead to LPR status.
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Employment-Based Immigration:
Some employment-based immigrant visas lead to LPR status, such as EB-1 (priority workers), EB-2 (professionals with advanced degrees or exceptional ability), and EB-3 (skilled workers, professionals, and other workers).
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Diversity Visa Lottery:
Winners of the Diversity Immigrant Visa Program, also known as the green card lottery, may be eligible to adjust status if they meet all eligibility requirements, including maintaining lawful nonimmigrant status in the United States if present.
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Asylee or Refugee Status:
Individuals granted asylum or refugee status in the United States may be eligible to adjust status to lawful permanent resident after one year of continuous presence in the United States.
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Special Immigrant Categories:
Certain special immigrant categories, such as religious workers, Afghan or Iraqi nationals who have worked for the U.S. government, and certain international broadcasters, may allow adjustment of status for eligible applicants.
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Cancellation of Removal:
Certain nonimmigrants who are in removal proceedings and meet specific eligibility criteria may be eligible for cancellation of removal and adjustment of status.
Victims of Trafficking or Crime:
Victims of human trafficking (T-visa holders) or certain crimes (U-visa holders) may be eligible to adjust status after meeting certain requirements.
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The Adjustment of Status Process
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Determine Eligibility
Before applying for naturalization, individuals must determine if they meet the eligibility requirements. These requirements include being a lawful permanent resident (green card holder), meeting residency and physical presence requirements, demonstrating good moral character, and meeting other criteria.
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Petition Submitted to USCIS and Approved by USCIS
Prior to the I-485, Application to Register Permanent Residence or Adjust Status, most applications will require a petitioner to submit a formal request (petition) to USCIS or another government agency, seeking approval for the immigrant to obtain a visa or adjust their status to become a lawful permanent resident (LPR).
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File Form I-485:
Once a petition has been submitted and approved by USCIS, it is time to start the official adjustment process. The primary form used to apply for adjustment of status is Form I-485, Application to Register Permanent Residence or Adjust Status. Applicants submit this form along with required supporting documents and the appropriate filing fee to U.S. Citizenship and Immigration Services (USCIS).
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Biometrics Appointment
After USCIS receives the Form I-485 application, applicants typically receive a notice to attend a biometrics appointment, where USCIS collects fingerprints, photographs, and signatures for background checks.
Pre-Interview
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Attend the Interview
In some cases, USCIS may require applicants to attend an interview as part of the adjustment of status process. During the interview, a USCIS officer reviews the application, asks questions, and verifies information provided by the applicant.
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Receive Decision
After completing all necessary steps, USCIS will either approve or deny the application for adjustment of status. If approved, the applicant will receive a permanent resident card (green card) in the mail, granting them lawful permanent resident status.
Interview and Post-Interview
Connecting Borders, Building Futures:
Your Immigration Journey Starts Here
APPOINTMENTS ARE REQUIRED
4015 Travis Drive, Suite 212,
Nashville, Tennessee 37211
Email: info@cbimmigrationlaw.com
Phone: 615.899.2866