Adjustment Of Status Or Consular Processing
PERMANENTLY RESIDING IN THE UNITED STATES
The Immigration and Nationality Act, INA, provides an individual with two primary paths to obtain permanent resident status in the United States:
i) Applying for adjustment of status is the final step in getting a Green Card. In order to file an Adjustment of Status (AOS), an alien must be physically present in the United States, with a non-immigrant visa and be able to change this status to an immigrant status (i.e. permanent resident status, without having to return to their home country).
ii) Consular Processing is an alternate process for an individual outside the United States (or who is in the United States, but is ineligible to adjust status) to obtain a visa abroad at a U.S. Consulate and enter the United States as a permanent resident.
Our office will first determine your basis to immigrate, file the Immigrant Petition and ensure that you fit in one of the family based categories, the employment based categories, Special Classes of Immigrants (widower or Battered Spouse) or if you qualify under a Humanitarian Program. We will teach you the benefits in applying for an I-485; and while an I-485 application is pending, the benefit in applying for Advance Parole, EAD Work Permit and the opportunity for you to have a legal stay in the US without maintaining their non-immigrant status. Our immigration lawyers assist you in understanding if you were inspected, admitted, or paroled into the United States, and whether you meet all of the required qualifications for a green card (permanent residence).
For those who are entitled to the concurrent filing of an I-485, adjustment of status application with an I-140, immigration petition (typically, EB-1, and EB-2 petitions), we will take you through the steps necessary to obtain an adjustment – if visa numbers are available to the beneficiaries at the time of filing.