What is Adjustment of Status?

Did you lawfully enter the U.S. with a visa? Are married to a U.S. Citizen, have an adult U.S. Citizen child, or a U.S. citizen parent? Do you have an approved immigrant employee petition? Or, did someone file a petition for you or a parent decades ago? You have options. One of them is Adjustment of Status. 

If a non-U.S. citizen is deemed deportable and who is the parent, spouse, widow or child of a U.S. citizen, or who has an approved immigrant employee visa petition, may be eligible to apply to the Immigration Judge to adjust his or her status to that of a lawful permanent resident. Also qualified to apply for adjustment of status are many those whose “priority dates” for permanent residence are “current.” Important to this form of relief is that the potential deportee entered the United States legally (for example, the alien entered using a valid visitor visa) and did not cross the border (entry without inspection). Often, however, a petition may have been filed for the immigrant years ago by a parent, sibling, or, for another immediate relative, one may still be eligible to adjust status to lawful permanent resident even if immigrant entered without a visa, under laws enacted decades ago, such as 245(i).

If a person obtained conditional permanent residence based upon their marriage, or the marriage of their alien parent, to a U.S. citizen may have their legal status terminated by the immigration if they fail to meet certain requirements. However, once immigration places them in deportation proceedings, they may renew their applications for permanent residence before an Immigration Judge.

If a potential deportee who is otherwise admissible (no criminal convictions, does not have certain types of medical issues, is not a drug trafficker and entered the country using a legal non-immigrant visa) marries an American Citizen prior to the commencement of removal proceedings, then, often times, a Norris McLaughlin Deportation Defense Attorney will move that the Immigration Court terminate removal proceedings to allow USCIS to adjudicate the adjustment of status application. If, however, the alien married after removal proceedings commenced, then the adjustment of status application must be decided by the Immigration Judge and Norris McLaughlin’s Deportation Attorneys must prove to the Immigration Judge that the alien and the American Citizen married for love, by clear and convincing evidence.

Do not fight your immigration battle alone. Call us at (484) 544-0022 to schedule a free consultation.  In New Jersey, call (908) 821-1868.