Experienced Immigration Lawyer in San Jose, CA, Helping Clients with Adjustment of Status
For those living in the United States with some type of conditional residency status, the ‘American Dream’ has an expiration date. Unless the immigrant files for a change in immigration status, United States Citizenship and Immigration Services (USCIS) may begin removal proceedings to send the foreign national back to their country of origin. Thankfully, there are means to apply for permanent residence in the United States with a petition for an adjustment of status (USCIS Form I-485).
Immigration attorneys offer legal guidance for those looking to adjust their status in hopes of becoming legal permanent residents.
At the California law firm of Yew Immigration Law Group, you will be greeted by kind staff and an experienced immigration lawyer who has the knowledge and confidence to assist you through the whole process of adjusting your status, becoming a green card holder, and even eventually applying to become a United States citizen.
It is important for anyone living in the USA without lawful permanent residency to respect the fact that their status puts them at constant risk of arrest and deportation. While no results can be guaranteed in any legal matter, applicants who achieve approval from the USCIS to keep a lawful permanent residence in the United States can rest a little easier knowing that their immigration status is not constantly in doubt.
For assistance with the green card application process and any other step in the long journey to adjusting status in America, please contact our law firm to schedule an initial consultation.
What is the Adjustment of Status Process?
The first step in the whole process is to determine what immigrant category you and your loved ones fit into. Not everyone is eligible for an adjustment of status or for a green card. Your green card eligibility may be determined by specific information related to your family, your employment, and what ties either of these have to U.S. citizens or American businesses and government.
Others may be able to register permanent residence as a result of their refugee status or asylum status, history of being victims of abuse, human trafficking, crime, or fear of extreme hardships if they were forced to return to their home country.
If necessary, file an immigrant petition before filing Form I-485 (petition for adjustment of status). This is often filed by a sponsor, such as a family member with U.S. citizenship. It could also be filed by an immigration attorney. If you are in need of legal representation, our legal team would be happy to help.
You must also attempt to find an immigrant visa type that fits your category of immigrant. There may be a limited number of visas available to your category type so visa processing can take a long time. Check the regularly updated visa bulletin to learn more about visa availability.
With all necessary forms filled out properly, you may then file them with the USCIS either in the mail, in person, or by using the USCIS website. Once this is filed, you may need to complete the required biometrics data (your fingerprints and photograph will be taken) at an Application Support Center (ASC) appointment.
From there, the government may request that you attend a USCIS interview, where they will review your case details with you physically present.
If your application has been approved, you will receive a notice in the mail. For better luck submitting an approved immigrant petition, contact an experienced immigration lawyer at Yew Immigration Law Group in San Jose, CA.
Why Has United States Citizenship and Immigration Services Denied Your Adjustment of Status Application?
In some cases, the USCIS may request interviews to go over your applications in more detail. It could be that there were errors in your documents, or maybe there are legal issues that they want to clear up. If you are summoned for a USCIS interview, do not panic. This is not unusual. And your immigration attorney can provide assistance.
Other times, the USCIS may request additional evidence and other forms to be submitted. Sometimes this is because the documents you submitted had errors or were out of date, but in some instances supporting documents are needed in order to perform a proper inspection of the intending immigrant visa applicant.
And in some immigration cases, even when all the documents are properly signed and filed in a timely fashion, there still may be reasons why the government sees fit to send a denial letter to the applicants. The USCIS, in coordination with Homeland Security, may believe that the applicant poses a serious threat to the community based on negative factors discovered in their background review. A history of criminal violations and a long stay of unlawful residence in the country could bar an applicant from obtaining a lawful permanent resident card.
How Can Adjustment of Status Lawyers Help Your Case?
In ideal situations, the process for adjustment of status can take anywhere between six months and one year. However, situations in legal immigration are far less than ideal these days, thanks in no small part to the confusion surrounding DACA, bad faith panic at the border, a deadly ongoing pandemic, and one refugee crisis after another. In California, the processes may take between eight months and three years, depending on the particulars of your individual case (there can be a dramatic difference in processing time between green card applicants who are married to U.S. citizens and those who are married to those who are permanent residents).
Considering how long the adjustment of status procedure can take and the looming threat of deportation proceedings hanging over the applicant’s head, it is important to get these matters filed and approved in an efficient manner. By working with immigration lawyers, you can expect the process to run more smoothly, if for no other reason than confidence in knowing that your forms have been completed properly and that all supporting documentation that the immigration authorities may require has already been prepared and provided.
If your status is left unchanged, you could find yourself in immigration court deportation proceedings with little delay. Contact Yew Immigration Law Group to speak with an attorney and determine what status and visas you may be eligible to apply for. And then, with that information in hand, you and your adjustment of status lawyer can prepare the necessary documents to help you obtain the legal permanent resident status you deserve.
Begin the Attorney-Client Relationship by Scheduling Your Initial Consultation Today
For those applying for an adjustment of status, it is important that you consider the long wait time and all the essential government forms and other documents which must be included in the application. Failure to provide all forms and filing fees could result in your application being delayed or even denied altogether. For a better chance of success, consult with lawyers experienced in helping clients with these types of cases.
Consult with our law offices immediately for professional legal advice. We would be happy to help answer any questions or concerns you might have. To schedule your confidential consultation, contact us through our website or call us at (408) 645-6395.