Adjustment of Status application is used to request adjustment of status, which allows the intending immigrant to become a lawful permanent resident. Depending on specific circumstances, your Immediate Relatives may qualify to adjust their status in the U.S. through the USCIS without the necessity of attending an overseas interview. A key prerequisite for this adjustment of status is that the foreign beneficiary was lawfully admitted or paroled into the U.S. It is the applicant's responsibility to substantiate this by providing evidence, typically in the form of a copy or the original I-94 arrival record.

Additionally, the spouse must demonstrate to the USCIS the validity of their marriage, ensuring it was not entered into to evade U.S. immigration laws. If the marriage took place during the foreign spouse's removal proceedings, even if temporarily administratively closed, a higher burden of proof is imposed to establish the marriage's bona fide nature. Both spouses must furnish evidence confirming the legal termination of any prior marriages, affirming the legitimacy of their present marriage. Drawing on our extensive experience representing numerous spouses adjusting their status through marriage to a U.S. citizen, we possess a comprehensive understanding of the requisite evidence and the most effective strategies for presenting your case to the USCIS.

Beyond demonstrating lawful entry or parole and/or a valid, bona fide marriage to a U.S. citizen, the foreign-born spouse must also address issues of inadmissibility or qualify for a waiver of inadmissibility. Individuals who entered the U.S. without inspection (EWI) and were not subsequently admitted or paroled will be ineligible to adjust their status in the U.S., necessitating attendance at a consular interview abroad. Departing the U.S. after unlawful presence triggers bars preventing re-entry. Please explore our waivers section for comprehensive information regarding the unlawful presence waiver.

In many cases, the I-130 Petition for Alien Relative and I-485 Application to Register Permanent Residence or Adjust Status can be filed together by individuals who are eligible to apply for lawful permanent residency (Green Card) while in the United States. This allows the intending immigrant to apply for both the immigrant visa petition (I-130) and the adjustment of status (I-485) at the same time.

With few exceptions, applicants for adjustment of status must provide an affidavit of support from their sponsor. This legal agreement between the sponsor and the intending immigrant commits the sponsor to financially supporting the immigrant until they attain U.S. citizenship or accumulate forty (40) quarters of employment. Should the sponsor fall short of the income requirements for their household size, a joint sponsor may be necessary. Alternatively, a sponsor lacking income may still establish financial capacity through specific assets.

After filing the I-485, the intending immigrant and, if applicable, dependent family members are typically required to attend a biometric appointment to provide fingerprints, photographs, and a signature for background checks. As part of the I-485 application, the intending immigrant can also apply for an Employment Authorization Document (EAD) to legally work in the United States while the Green Card application is pending. The intending immigrant may also have the option to apply for a travel document known as Advance Parole, which allows them to travel outside the United States and return during the pendency of the Green Card application.

Preparation Documents and Interview Attendance

USCIS may schedule an interview to review the I-485 application and assess the eligibility for adjustment of status. The interview allows USCIS to verify the information provided and determine the bona fides of the application.
Preparation of Documents and Attendance at the Interview are important aspects of the immigration process.

Preparation of Documents

Personal Identification: It is essential to have valid and unexpired personal identification documents, such as a passport, driver's license, or national identification card. These documents establish your identity and may be required throughout the immigration process.

Application Forms: Familiarize yourself with the required application forms for your specific immigration category. Ensure that all forms are completed accurately, providing the necessary information and signatures.

Supporting Documentation: Collect and organize supporting documentation as required by the specific immigration application. These documents may include birth certificates, marriage certificates, divorce decrees, educational diplomas, employment records, financial records, and any other relevant evidence that supports your eligibility.

Affidavit of Support: If you are required to submit an Affidavit of Support (Form I-864), ensure that you have the necessary financial documents, such as tax returns, pay stubs, bank statements, or letters from employers, to demonstrate your ability to financially support the intending immigrant.

Medical Examination: If a medical examination is required as part of your immigration process, schedule an appointment with an authorized civil surgeon. Bring any necessary forms or documents provided by the immigration authorities to the examination.

Translations and Certified Copies: If any of your documents are not in English, you may need to provide certified translations. Additionally, some documents may require certified copies rather than original documents.

Attendance at the Interview

Interview Notice: You will receive a notice from the U.S. Citizenship and Immigration Services (USCIS) indicating the date, time, and location of your interview. Make sure to carefully review the notice and follow any instructions provided.

Required Documentation: Bring all requested original documents and copies to the interview. This may include your identification documents, application forms, supporting evidence, financial documents, and any other documents specifically requested in the interview notice.

Legal Representation: You have the right to be accompanied by an attorney or a qualified representative at the interview. If you choose to have legal representation, ensure that your attorney is aware of the interview date and has all the necessary documents.

Truthful and Consistent Responses: During the interview, answer all questions truthfully and to the best of your ability. Be prepared to provide additional information or clarification if requested by the USCIS officer conducting the interview.

English Language Proficiency: Depending on the nature of the interview, you may be required to demonstrate your English language proficiency. This can involve answering interview questions or providing a written statement in English.

Behavior and Attire: Dress appropriately for the interview, as it is a formal setting. Maintain a respectful and professional demeanor throughout the process.

It is crucial to thoroughly review the specific requirements and instructions provided by USCIS for your immigration application.

Adjustment of Status in Immigration Court

Navigating the adjustment of status process within the confines of immigration court can be a complex endeavor. If you find yourself eligible for such a status adjustment, submitting your application (Form I-485) directly to the immigration judge is typically the standard procedure.

In cases involving marriage-based petitions and concurrent adjustment of status applications, specific regulations come into play, particularly when the marriage occurs during removal proceedings. The marriage-based Form I-130 petition will only be approved if you reside outside of the United States for a two-year period beginning after the date of marriage. However, exemptions from this foreign residence requirement can be sought under the following conditions:

A written request for exemption from the two-year foreign residence rule is submitted.
Clear and convincing evidence is provided, demonstrating that the marriage was genuinely entered into in good faith, adhering to the laws of the jurisdiction where the marriage transpired; the marriage was not entered with the primary intent of securing admission as an immigrant; and no fee or other consideration, except for remuneration to an attorney aiding in the petition filing, was given for the submission of the relative petition.

Ensuring compliance with these stringent criteria is essential for a successful adjustment of status within the unique context of immigration court proceedings. Our experienced immigration team possesses the expertise to guide you through these intricacies, offering dedicated support to facilitate a smooth and successful adjustment process.