Adjustment of Status is the the process in which a foreign national residing in the United States becomes a Lawful Permanent Resident, more commonly known as a "green card holder." Except in exceptional circumstances, the foreign national needs a sponsor in order to receive a green card. There are two paths of sponsorship available to foreign nationals: Family Sponsorship or Employer Sponsorship. This process can take months or years, depending upon visa availability and governmental processing backlogs.
Not every foreign national is eligible to adjust his or her status, however. In order to apply for Adjustment of Status, a foreign national must be currently in status (i.e. not overstayed the time granted by customs officer upon entry), have entered the United States with a valid visa, and have a sponsor as mentioned above. The only exception to the "in status" rule is if a foreign national with a valid visa at entry overstays the time allotted and has subsequently married a United States Citizen. It is also important to note that if a foreign national has any sort of criminal record, including arrests and/or convictions, he or she may be ineligible to receive a green card. All records of arrest and/or conviction should be presented to the attorney upon consultation for evaluation.
In the past, various programs have been offered by the government to allow foreign nationals who had overstayed their visas to apply for Adjustment of Status, such as the legalization effort known as "245(i)." However, it is important to note that unless a foreign national had an Immigrant Visa Petition or Labor Certification filed prior to April 30, 2001, this program has expired.
Ms. Mody diligently prepares all green card applications, guides clients through this often complicated process, appears on behalf of all clients at the required Adjusment of Status Interviews and handles any potentially problematic legal issues as they arise. Please contact us to schedule a consultation regarding Adjustment of Status.