San Jose Adjustment of Status Attorneys

Apply for a Green Card While Remaining in the U.S.

For people living in the United States on a temporary or conditional immigration status, the path to permanent residence requires action. Without a change in status, USCIS may eventually initiate removal proceedings. Adjustment of status — through USCIS Form I-485 — is the process that allows eligible individuals to apply for a green card while remaining in the country.

Immigration attorneys provide legal guidance to individuals seeking to adjust their status and become lawful permanent residents.

At Yew Immigration Law Group, you will find an experienced immigration lawyer and kind staff ready to confidently guide you through the entire process. We can assist you with adjusting your status, becoming a green card holder, and even the eventual application for United States citizenship.

Living in the United States without lawful permanent residency means your status is always subject to change. Approval of an adjustment of status application does not guarantee any specific outcome, but for those who qualify and file correctly, it is the step that moves a person from temporary or uncertain status to permanent residence — and real stability.

Contact our law firm today to schedule your initial consultation and take the next step toward your green card or permanent residency in the U.S. We are ready to guide you through every stage of your adjustment of status process.

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 about your family, your employment, and the 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 need legal representation, our legal team would be happy to help.

You must also try to find an immigrant visa type that matches your immigrant category. There may be a limited number of visas available in your category, so processing can take a long time. Check the regularly updated visa bulletin for more information on visa availability.

Once all necessary forms are properly filled out, you may file them with USCIS by mail, in person, or via 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, during which they will review your case details in person.

If your application has been approved, you will receive a notice in the mail. For better luck in submitting an approved immigrant petition, contact an experienced immigration lawyer at Yew Immigration Law Group in San Jose, CA.

Who Is Eligible for Adjustment of Status?

Foreign nationals can apply for Green Cards while remaining in the United States through the adjustment of status process. Applicants typically must have entered the U.S. legally, maintained nonimmigrant status, and belong to a qualifying category. There are exceptions for certain immediate relatives and individuals under humanitarian programs.

Family-Based Petitions

Immediate relatives of U.S. citizens may become lawful permanent residents based on their family relationship if they meet eligibility requirements clarified by USCIS. These include being inspected and admitted or paroled into the United States, and being physically present during filing. Eligibility also requires an available immigrant visa at the time of both filing and USCIS decision.

Employment-Based Petitions

This is another common pathway to a Green Card. While most employment-based petitions require a sponsoring U.S. employer petitioner, some may be self-petitioned. Once a foreign national has an employment-based petition approved and the priority date is current, the employee can then file for lawful permanent resident status from within the United States.

Bars to Eligibility

Generally, an individual is not eligible for adjustment of status if one or more of certain bars to adjustment or grounds of inadmissibility apply. Different grounds may apply to different pathways to adjustment. Applicants who qualify for special exceptions or exemptions from adjustment bars and inadmissibility grounds or have access to waivers of inadmissibility or other relief under certain programs may still be able to apply.

Bars to Adjustment

Certain acts and violations of immigration law can bar an alien from adjusting status. An individual may be ineligible for a Green Card if any of the following apply:

Last entered the U.S. without being inspected and admitted or paroled by an immigration officer, or as a nonimmigrant crewman.
Was last admitted to the country in transit without a visa, or as a non-immigrant visitor without a visa under the Visa Waiver Program.
Is or has ever been employed in the U.S. without authorization.
Is not in lawful immigration status on the date of filing Form I-485, or has ever failed to continuously maintain lawful status since entering the United States (unless the failure was for technical reasons or no fault of the individual).
Is seeking employment-based adjustment of status, but not maintaining lawful immigrant status on the date of filing.
Has ever violated the terms of non-immigrant status.
Is deportable due to terrorist activity or involvement in a terrorist group.
Was admitted as a non-immigrant fiancé or fiancée, but did not marry the U.S. citizen who filed the petition, or was admitted as the non-immigrant child of such a person.

Grounds of Inadmissibility

A person seeking a Green Card must be admissible to the United States as an immigrant at the time the adjustment of status is granted.

Although there are exceptions in certain cases, grounds for inadmissibility fall into the following categories:

Health-related: A person may be inadmissible under this category if he or she has a communicable disease of public health significance, or has failed to present documentation of vaccination against diseases such as mumps, measles, rubella, polio, tetanus, influenza Type B, and hepatitis B. A physical or mental disorder with associated behavior that poses a threat to the safety, welfare, or property of the alien or others is also grounds for inadmissibility. Anyone who is determined to be a drug user or addict will not be admissible.
Criminal activity-related: Crimes of moral turpitude constitute grounds of inadmissibility. Generally, this means conduct that is inherently base, vile, depraved, and contrary to the rules of morality, that shocks the public conscience. Violation (or attempt or conspiracy to violate) any state, federal, or foreign law relating to controlled substances can render an alien inadmissible. So can prostitution or commercialized vice, controlled substance trafficking, serious religious freedom violations by foreign government officials, trafficking in people, or multiple criminal convictions.
Security-related: No alien is admissible if there are reasonable grounds to believe that the person is seeking to enter the U.S. to engage in any illegal activity relating to espionage or sabotage, to violate or evade any law prohibiting export from the United States of technology, goods, or sensitive information, or who has engaged in or is likely to engage in any terrorist activity.
Public charge: An alien who is likely to become a public charge is considered inadmissible. The determination of whether this is likely is based on several factors, including age, health, education and skills, family status, financial status, assets, and resources. In some cases, Form I-864, Affidavit of Support, may be required.
Labor certification and qualification: In general, an alien who seeks to enter the U.S. for the purpose of performing skilled or unskilled labor is inadmissible unless there are not enough workers who are able, willing, qualified, and available in that particular location, and employment of the alien will not adversely affect wages or working conditions of similarly employed U.S. workers. Special labor certification rules may apply to individuals with exceptional ability in the arts or sciences, members of the teaching profession, professional athletes, physicians, and healthcare workers.
Immigration violations and illegal entrance: Generally, an alien present in the United States without having been admitted or paroled is inadmissible, although exceptions may apply for battered women and children. Failure to attend removal proceedings and willful or fraudulent misrepresentation of material facts are grounds for inadmissibility. Stowaways, smugglers, and student visa abusers are not admissible.
Failure to meet documentation requirements: At the time of application for admission, an immigrant must have the required documentation, such as an immigrant visa, reentry permit, or border crossing identification card. A nonimmigrant must be in possession of a passport valid for at least six months from the expiration date of the period of admission or stay, as well as a valid nonimmigrant visa or border crossing identification card.
Ineligibility for citizenship: In general, an immigrant who is permanently ineligible for U.S. citizenship is not admissible. This includes draft evaders (those who have left or remained outside the country to avoid or evade military service).
Previous removal: This category includes aliens who have been previously removed from the U.S. or who were unlawfully present in the U.S.

Why Has the United States Citizenship and Immigration Services Denied Your Adjustment of Status Application?

In some cases, USCIS may request an interview to review 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 assist.

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 to conduct 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, the government may still issue a denial letter to the applicants. USCIS, in coordination with Homeland Security, may believe that the applicant poses a serious threat to the community based on negative factors identified during 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?

Processing times for adjustment of status vary widely. In straightforward cases, approval may come within six months to a year. In California, depending on the USCIS field office and the specifics of the case, the process may take anywhere from eight months to three years or more. Processing time can also differ significantly based on the visa category — immediate relatives of U.S. citizens are generally processed more quickly than family preference categories. The current environment for immigration processing makes accurate filing and complete documentation more important than ever.

Considering how long the adjustment of status process can take and the looming threat of deportation proceedings, it is important to file and have these matters approved efficiently. 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 to consider the long wait time and the essential government forms and documents that must be included in the application. Failure to provide all required forms and filing fees could delay or even deny your application. For a better chance of success, consult lawyers experienced in handling these types of cases.

If you have questions about whether adjustment of status is available to you, or if you are ready to move forward, Yew Immigration Law Group is here to help. Call us at 408-684-6704 or reach out through our website to schedule a confidential consultation.