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If you are currently living in the United States, you might have an opportunity to pursue lawful permanent residency without leaving the country. This is possible through a process known as adjustment of status. A dedicated immigration lawyer could help you understand the options available to you.
This option is invaluable if you prefer to remain in the United States with as little disruption to your life as possible. With the help of an adjustment of status lawyer, you could move forward on the path toward citizenship without having to return home.
There are benefits that come with adjusting a person’s immigration status compared to the traditional consular approach that would require an applicant to return to their nation of origin. While handling every aspect of the visa petition without having to leave the United States and return to their home country might not improve a person’s chances of success, it can dramatically reduce the turmoil and difficulty that an applicant experiences throughout the immigration process.
A person seeking a visa who does not qualify for an adjustment of status must instead apply from their home country. They must wait there throughout the process before eventually receiving an interview at the U.S. Embassy or Consulate in that country. For most people, these steps take years to complete without any guarantee of success.
On the other hand, once a status adjustment application is approved and the applicant receives a Permanent Resident Card—a Green Card—they gain access to all the benefits provided to legal permanent residents. This includes a path to citizenship, the right to work, and access to social security benefits. An attorney handling the adjustment of status process could advise an applicant on the best time to move forward.
There are specific circumstances where an adjustment of status is appropriate. First, a visa applicant must currently reside in the country. Often, adjusting a person’s status occurs when they transition from a temporary to a permanent visa. This is often the situation with family-based immigration, which involves a close family member sponsoring an individual for a Green Card. Employment-based immigration is another common option: For example, a person temporarily in the country to complete their education could file for an adjustment of status if they qualify for a visa after receiving a job offer in the United States.
There is no way to predict with certainty how long it might take for a visa application to be granted by United States Citizenship and Immigration Services (USCIS). It is not uncommon for months or even a year to pass before an application is ultimately approved.
While any delay can be frustrating, there are situations where legal counsel might be able to move the case forward. Some amount of waiting for a decision is normal, but unreasonably long delays may require legal intervention. An attorney handling the adjustment of status could contact USCIS on the applicant’s behalf to see what the issue is and how best to solve it.
If you qualify for an adjustment of your legal status, you could be able to stay in the country while your application is being considered by USCIS. This could be invaluable when it comes to maintaining stability in your family life and your career. Call an adjustment of status lawyer as soon as possible to learn more.