Certain foreign nationals who wish to apply for a green card within the United States will have to undergo a process known as “adjustment of status.” U.S. immigration law provides a variety of ways for foreign nationals to adjust status. The most common ways to adjust status include filing a family-based visa petition or employment-based visa petition.
When applying for adjustment of status, U.S. Citizenship and Immigration Services (USCIS) will determine whether you are eligible to adjust status based on U.S. immigration laws and policy. USCIS will examine specific factors in determining your eligibility for adjustment of status. Such factors include whether you entered the United States illegally, whether you overstayed your visa, whether you have worked without valid employment authorization, whether you have a criminal record or failed to report taxes to the IRS, and whether you engaged in fraud to obtain an immigration benefit, etc.
Furthermore, for most adjustment of status cases, USCIS will also determine whether you are eligible to adjust status as a matter of discretion. Essentially, USCIS will weigh the positive factors in your case against the negative factors in your case. Such factors include your immigration status and history; family unity; your length of residence in the United States; business and employment ties to the United States; and your contributions to the community; and your moral character. As such, the applicant bears the burden of establishing that he or she merits becoming a lawful permanent resident.
Our team at Hans Burgos, P.A. has worked on hundreds of adjustment status cases over the years. We have effectively represented numerous clients at their adjustment of status interviews. Whether it is a straightforward application or a complicated case with legal issues, our team of experienced, licensed professionals will take on your case to guide and represent you throughout your adjustment of status process.
Adjusting Your Status to Become a Lawful Permanent Resident
Who may be eligible?
Green card granted to foreign nationals with an approved and immediately available Petition for Alien Relative (Form I-130).
People of Extraordinary Ability (EB-1 Preference Category):
Green card granted to foreign nationals of extraordinary ability in the sciences, arts, business or athletics, outstanding professors and researchers.
Executives / Managers of Multinational Companies (EB-13 Preference Category):
Green card granted to a foreign nationals who are executives or managers subject to international transfer to the United States employed by multinational company doing business in the United States.
Professionals (EB-3 Preference Category):
Green card granted to foreign nationals holding an advanced degree and/or of exceptional ability in science, art or business. This category is available to foreign nationals with a college degree or foreign equivalent.
Permanent Labor Certification (ETA 9089):
Process by which the US Department of Labor certifies that there are no minimally qualified U.S. workers willing and available to do a particular permanent work in the United States.
Investors (EB-5 Preference Category):
Green card granted to foreign nationals who are making a substantial investment in the United States and hiring U.S. citizens or lawful permanent residents. The purpose of this category is to enhance employment opportunities in the United States.