In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: Am I eligible to file for adjustment of status inside the United States? For the answer to this question please keep watching. For more information about adjustment of status, please click here.
Am I eligible to file for adjustment of status inside the United States?
In order to file for adjustment of status from a non-immigrant visa classification to legal permanent resident, several conditions must be met. If you do not meet any of the following conditions you cannot file for adjustment of status from inside the United States.
- First, in order to apply for permanent residence, you must be physically inside of the United States. If you are not physically present in the US you must obtain an immigrant visa at a United States Consular post abroad.
- Your Immigration petition must have already been approved (I-130 or I-140 Petition) before filing of the I-485 Application to Register Permanent Residence or Adjust Status (green card application).
- If your priority date is not current then you cannot file a petition for adjustment of status.
What does this mean?
A priority date is the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. Immediate Relatives of US Citizens are generally not subject to numerical visa limitations. You can check the status of a visa number by checking your priority date on the Department of State’s Visa Bulletin published every month. The Visa Bulletin estimates immigrant visa availability for prospective immigrants.
4. If your priority date is not current then you cannot file a petition for adjustment of status until it becomes current.
5. You must have entered the US illegally and be able to prove that you entered legally (inspection documents such as I-94). There are exceptions to this rule such as section 245i
6. You must not have any changes in your circumstances (ex. change in employment; divorce before green card)
7. You must not be barred from the United States. If you have been subject to a bar because you attempted to enter the US illegally, departed the US voluntarily, are guilty of immigration fraud, willful misrepresentation, or other criminal issues you are likely inadmissible and cannot file for adjustment of status. A waiver may be available to individuals in these situations that will allow the immigrant to seek adjustment of status.
For more information please contact our office for a consultation.
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