Adjustments of Status & Consulate Processing
Adjustments of Status can be defined as “Becoming a Permanent Resident While in the United States.” Our Attorneys help weigh the issues regarding filing a case in the U.S. (Adjusting) or filing through Consulate Processing. There are several issues that must be addressed when deciding whether to file in the U.S. or processing abroad.
Some of the qualifications for filing in the U.S. (Adjusting) include the following:
- Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record).
- If you have already been approved for an immigrant petition, you must submit a copy of the approval notice sent to you by the U.S. C.I.S. This could be either an approved Employment Based petition (I-140 or I-360) or an approved Family Petition (I-130).
- If you were admitted into the United States as a fiancé of a U.S. citizen and married that citizen within the required 90 days, you must submit a copy of the fiancé petition approval notice and a copy of your marriage certificate.
- If you are an asylee or refugee, you must submit a copy of the letter or Form I-94 (Arrival-Departure Record) that shows the date you were granted asylum or refuge in the United States.
- If you have been a continuous resident of the United States since before January 1, 1972, you must submit evidence showing that you entered the United States prior to January 1, 1972 and that you have lived in the United States continuously since your entry into the country.
- If your parent became a lawful permanent resident after you were born, you must submit evidence that your parent has been or will be granted permanent residence. You must also submit a copy of your birth certificate, and proof of your relationship with your parent.
- If your spouse became a lawful permanent resident after you were married, you must submit evidence that your spouse has been granted permanent residence. You must also submit a copy of your marriage certificate and proof that any previous marriages entered into by you or your spouse were legally terminated.
Please note that there are certain eligibility requirements for using Form I-485 (Application to Register Permanent Residence or Adjust Status). Adjustments of Status are also subject to the Immigrant Visas’ availability in either the Family or Employment based categories.