Doraville Immigration Defense Through Adjustment of Status

An adjustment of your or a loved one’s immigration status is an important defense to consider when facing detainment and deportation from the U.S. Immigration and Customs Enforcement (ICE). Our experienced deportation attorneys can help you and your family navigate this process by filing the necessary forms to request an adjustment of immigration status based on your circumstances. 

You can contact our office as soon as possible after learning of a loved one’s detainment by ICE. Let us help you protect your family’s right to stay in the United States by applying for a green card during a deportation proceeding. Learn more about immigration defense through adjustment of status below, and how our lawyers can guide you in every step of the process.  

What Is an Adjustment of Your Immigration Status? 

An adjustment of your status is a petition to U.S. Citizenship and Immigration Services (USCIS) for a green card. The green card establishes your right to lawful permanent residence in the country. An immigrant’s options for obtaining lawful permanent residence will depend on their personal circumstances, employment, and other requirements under the federal immigration laws in the United States. For example, an adjustment of immigration status could be available to the following persons because of their relationship to a U.S. citizen or green card holder: 

• A spouse 
• An unmarried child under the age of 21
• A parent of a U.S. citizen who is over the age of 21
• An unmarried son or daughter of a U.S. Citizen
• A brother or sister of a U.S. citizen 
• A person admitted as the fiancé(e) or child of a U.S. citizen

In addition to family relationships, an adjustment of state could also be possible because of other factors that apply to your situation. For example, you may be able to pursue a status adjustment for reasons such as escaping an abusive relationship with a U.S. citizen or lawful permanent resident. Green card status may also be possible as a victim of human trafficking and other crimes or because of your refugee or asylum status. Our Doraville immigration defense lawyers can help you determine which relationships or circumstances may apply to your petition for an adjustment of status.   

How a Petition for Adjustment of Status Can Serve as an Immigration Defense to Deportation Proceedings

The process for seeking an adjustment of status under Federal Code § 1255 begins with our immigration lawyers filing a petition to USCIS. The petition will come from the person or party who is sponsoring the detained immigrant for a change of status to lawful permanent resident. In most cases, the sponsor will be a family relative, but could be another party, such as an employer. The process also requires notifying the judge overseeing the deportation proceedings about the request for an adjustment of status. This allows the judge to pause the removal proceedings until a decision can be made on the petition for permanent residence. 

The person seeking an adjustment of their immigration status will also need to file Form I-485, which provides additional information to USCIS. Our Doraville immigration defense lawyers counsel clients in completing these forms to best demonstrate their compliance with the other requirements for obtaining a green card. For example, 8 U.S.C. § 1229(b) requires evidence that the applicant has sufficient physical presence in the U.S., has good moral character, has not been convicted of certain criminal offenses, and that removal would cause exceptional or extremely unusual hardship. 

Contact the Solano Law Firm about Doraville Immigration Defense Through Adjustment of Status

Defending a loved one after detainment by ICE can be a difficult process to navigate. Pursuing Doraville immigration defense through adjustment of status may be an effective way to stop removal proceedings and help you or a relative obtain green card status. Contact the Solano Law Firm today for a case evaluation with one of our Doraville immigration lawyers.