Who Is Eligible For Adjustment Of Status?

Can an Immigration Judge adjust status?

If USCIS grants the I-130 petition, the next step is to submit Form I-485 (the adjustment of status application) to the immigration judge.

A judge may not evaluate an adjustment of status application in the same way that USCIS would evaluate it under normal circumstances..

Do I need a lawyer for adjustment of status?

Many attorneys charge a flat fee for immigration matters such as preparing an adjustment of status application. … The attorney will likely do everything you need from completing the application to assembling documents, drafting affidavits, preparing you for your interview, and even attending the interview.

Can I stay in the US while waiting for adjustment of status?

The process for applying for a green card from within the United States is called Adjustment of Status (AOS). When you use AOS, you’ll be able to stay in the United States while your application is processed, even if your visa expires before your green card is approved.

How long does it take to get a work permit after filing for adjustment of status?

Your work permit will arrive within five months — up to seven months, in some cases — after U.S. Citizenship and Immigration Services (USCIS) receives your work permit application. (Until recently, the typical processing time for a work permit application was 90 days, but a growing backlog has caused additional delays.

Who is not eligible for adjustment of status?

An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies. The bars to adjustment of status may apply to aliens who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law.

How much does it cost to get a green card?

The government filing fees for getting a green card through marriage is $1,760 for an applicant living in the United States or $1,200 for an applicant living outside the United States. This does not include the typical cost of the required medical examination, which varies by provider.

How long does it take for adjustment of status to be approved?

8 to 14 monthsAlthough the adjustment of status process typically takes longer than consular processing, it has its advantages. The adjustment of status timeline is generally 8 to 14 months for family-based applications (and often longer for other application types).

What happens after you file for adjustment of status?

Approximately 3-5 weeks after filing After your I-485 is filed, you will receive a notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). The notice will tell you the date, time, and location of your appointment.

Can I stay in US while I 485 is pending?

If you have filed Form I-485, Application to Adjust Status, you generally are not confined by the restrictions on your nonimmigrant visa. You have the right to remain in the United States while the application is pending.

What documents do I need for adjustment of status?

Adjustment of Status ChecklistForm I-485.Two passport-style photos.I-94 travel document.A copy of the approval receipt for your green card from the USCIS.A job offer letter, if you are applying for an employment-based green card.A marriage certificate, if you are applying for a marriage-based green card.More items…

Can I apply for adjustment of status on tourist visa?

U.S. immigration law allows people to petition for a change of status from a visitor visa to a green card, but the applicant has to meet certain conditions. The process can be somewhat complicated, so many people choose to work with an immigration lawyer on adjustment of status petitions.

Can adjustment of status be denied?

Adjustment of status is a discretionary benefit, which means USCIS is not required to grant it to anyone; the agency can make decisions case by case. Put another way, no one has a “right” to adjust status. Because this benefit is discretionary, you have no right to appeal a denial.

What are the eligibility requirements for adjustment of status under INA 245 A )?

The bars to INA 245(a) Adjustment of Status (AOS) include the following:You Are In Unlawful Immigration Status at the Time of Filing a Form I-485 Application: INA 245(c)(2) Bar. … You Failed to Continuously Maintain Status and/or Violated the Terms of Your Nonimmigrant Visa: INA 245(c)(2) and INA 245(c)(8) Bars.More items…•

Can my wife stay in the US while waiting for green card?

Any immigrant with a pending green card application (for U.S. permanent or conditional residence) is allowed to remain in the United States until the application is decided upon by U.S. Citizenship and Immigration Services (USCIS).

Can I file for adjustment of status?

If you are in the United States and are eligible for adjustment of status, you may file a Form I-485. Go to the Form I-485 instructions and the web page for your immigrant category for instructions on how to complete your application and properly file it with USCIS.

How much does change of status Cost?

If You Are…Form FeeTotalUnder 14 and not filing with the I-485 application of at least one parent$1,140$1,140Age 14–78$1,140$1,225Age 79 or older$1,140$1,140Filing Form I-485 based on having been admitted to the United States as a refugee$0$01 more row•3 days ago

How long does it take to get 485 approved?

8 to 14 monthsHOW LONG DOES IT TAKE TO GET A GREEN CARD? After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months. The basis of your adjustment of status (e.g. family, employment, asylum, etc.) will be a significant factor.