Texas Adjustment of Status Lawyers
For many immigrants in the United States, obtaining a green card is the ultimate goal. It signifies permanent residency, the freedom to work without restrictions and a path toward citizenship. One of the most common ways to achieve this is through a process called adjustment of status. This legal procedure allows eligible individuals already present in the U.S. to transition from a nonimmigrant visa to lawful permanent resident status without having to return to their home country for consular processing.
The process involves complex paperwork, strict eligibility criteria and critical deadlines. Making a mistake can delay your application or result in a denial. This is where De Mott, Curtright & Armendáriz, LLP can help. With over 40 years of experience in immigration law, our team can guide you through every step of the application, helping you avoid common pitfalls and move forward with confidence.
The Purpose of Adjustment of Status
Adjustment of status is the procedure used by foreign nationals who are physically present in the United States to apply for lawful permanent resident status. Instead of processing your application at a U.S. consulate abroad, you “adjust” your status while remaining in the country.
The primary purpose of this process is to allow individuals with valid temporary visas, such as student, tourist, or work visas to transition to a permanent immigrant status. Once approved, you receive a Permanent Resident Card, commonly known as a green card. This status grants you the right to live and work permanently in the U.S., provided you abide by the laws of the country.
Eligibility Requirements
Not everyone in the United States is eligible for adjustment of status. The Immigration and Nationality Act (INA) sets specific criteria that applicants must meet. Generally, to qualify, you must:
- Be physically present in the U.S.: You must be inside the United States when you file your application and complete the process.
- Have made a lawful entry: You must have been inspected and admitted or paroled into the U.S. by an immigration officer.
- Have an approved immigrant petition: In most cases, a family member or employer must file a petition on your behalf that USCIS approves.
- Have an immigrant visa immediately available: You must wait until a visa number is available for your specific category and country of origin.
- Be admissible to the U.S.: You must not be disqualified based on grounds such as criminal history or prior immigration violations.
Immigration Categories for Green Card Eligibility
Eligibility for a green card is typically based on specific categories defined by U.S. immigration law. Most applicants fall into one of three main groups:
- Family-Based: This is for immediate relatives of U.S. citizens (spouses, unmarried children under 21 and parents) and other family preference categories.
- Employment-Based: This covers workers with extraordinary ability, advanced degrees or specific job offers from U.S. employers.
- Other Categories: This includes humanitarian programs for refugees, asylees and victims of human trafficking or abuse (VAWA self-petitioners).
The Application Process
Applying for adjustment of status is a multi-step procedure that requires careful attention to detail.
- File the Immigrant Petition: Your sponsor (family member or employer) files the appropriate petition (e.g., Form I-130 or I-140) to establish your eligibility.
- Submit Form I-485: Once the petition is approved and a visa is available, you file the Application to Register Permanent Residence or Adjust Status.
- Biometrics Appointment: You will be notified to visit an Application Support Center to have your fingerprints, photo, and signature taken for background checks.
- Interview: In many cases, USCIS will schedule an interview to verify your information and eligibility.
Taking the Next Step Toward Permanent Residency
Adjustment of status offers a valuable opportunity to build a permanent life in the United States without the need for international travel. However, strict requirements and potential legal barriers can make the process difficult to manage alone.
If you are considering applying for a green card, seeking legal counsel is highly recommended. The team at DMCA is ready to advocate for your future. Contact us today to schedule a consultation and take the first step toward permanent residency.
