Charlotte Adjustment of Status Lawyer | Applying for Residency

When someone is in the United States under a temporary visa or a conditional residence authorization, a change in circumstances could allow them to seek permanent legal residency. You can apply for an adjustment of status that allows you to stay without having to temporarily return to your home country.

If you are considering obtaining lawful permanent residence in the United States, you should speak with a Charlotte adjustment of status lawyer immediately. At Sussman Law Firm, PLLC our trusted citizenship attorneys could help give you the guidance you need to feel confident and empowered on your journey.

Possible Categories for Adjustment of Status

The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying under. The first step in the adjustment of status process is to determine if you fit into a specific immigrant category.

Several conditions make you eligible for a permanent green card while under temporary authorization. Some examples that could allow you to pursue an adjustment of status are:

You are the immediate relative (spouse, unmarried child under 21 years old, or parent) or a qualifying family member of a U.S. citizen or lawful permanent resident
You qualify through an employment-based visa category
Qualification under a special immigrant category, like a religious worker
You were in the United States under asylum or refugee status for at least a year
You were lawfully in the country as a victim of human trafficking or other crime
You qualify as a victim of abuse under the federal Violence Against Women Act (VAWA)

This list does not include every potential category, so you should speak with a Charlotte attorney about whether your situation allows you to seek an adjustment of status.

Filing Your Adjustment of Status Petition

If you believe you qualify to apply for an adjustment of status, you will likely have to file an immigrant petition and a green card application. The type of petition you must file will depend on the category under which you seek to qualify. One of the most common petition types is an I-130 petition, filed by a U.S. citizen or lawful permanent resident on behalf of an immigrant family member seeking an adjustment to status. In most cases, your sponsor, typically a family member or an employer, will file the petition on your behalf.

The next steps in your application will depend on the basis for seeking lawful residence. For example, you will need to file an I-485 petition. The timing for filing this petition will depend on your specific grounds for adjustment. Generally, you cannot file your I-485 petition until a visa is available. However, for those seeking adjustment of status based on an immediate family relationship, there are no visa availability restrictions. In this case, you can submit your I-485 petition simultaneously with the sponsor’s filing of the initial I-130 petition on your behalf. If you are seeking an adjustment of status based on employment, you must first consult with the U.S. Department of State to determine your priority date.

Consult with our Charlotte attorneys to better understand how visa availability may impact your adjustment of status.

You Could Have to Submit to an Interview

After submitting a Form I-485 petition for an adjustment of status, you will have to undergo verification procedures, such as providing identity verification through fingerprints, photographs, or signatures. You will also have to undergo background and security checks.

In most cases, you must submit to an interview with U.S. Citizenship and Immigration Services (USCIS) officials. This interview could require you to answer questions about your application under oath or affirmation.

Some reasons you could have to submit to an interview include:

Identity verification
Known criminal inadmissibility or national security concerns
USCIS must verify your immigration status
The existence of fraud concerns

Additionally, if you are seeking an adjustment of status based on a family relationship, USCIS could require that your sponsoring family member also attend the interview. Our Charlotte attorneys could help you understand more about the interview requirements for adjustment of status.

Hire a Charlotte Attorney When Seeking Adjustment of Status

Navigating the path to permanent legal residency in the United States can be complex, but with the right guidance, it is entirely achievable. If you are currently in the U.S. on a temporary visa or conditional status and are exploring options for adjustment of status, it’s crucial to understand the specific eligibility requirements and procedural steps that apply to your situation. Whether your application is based on family relationships, employment, or other qualifying categories, having a knowledgeable professional by your side can make all the difference.

For tailored advice, consult a Charlotte adjustment of status lawyer. At Sussman Law Firm, PLLC, our experienced attorneys are dedicated to helping you navigate the adjustment process with confidence and clarity.