Adjustment of Status

If you have an approved immigrant visa petition and are currently residing in the United States, you may be eligible for an adjustment of status.

Adjustment of Status, which is processed through the United States Customs and Immigration Services (USCIS) is availible only to persons currently living in the U.S. The benefit of qualifying for an adjustment of status is that you do not need to leave the United States for processing.

An alternative to Adjustment of Status is Consular Processing.

According to USCIS: An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)

Adjustment of Status is Discretionary

It is important to understand that being granted adjustment of status is considered "discretionary" by the USCIS. USCIS  may deny an application for adjustment of status even where none evidence exists that would disqualify and individual.

Under most conditions, adjustment of status will be granted where the alien is statutorily eligible and there are no "negative factors." When such negative factors exist, the factors will be weighed to determine whether adjustment will be granted. Close family relatives, particularly immediate relatives, may be a strong factor favoring adjustment.

Preconceived intent to remain in the U.S. at the time of entry as a nonimmigrant, such as entering as a tourist and staying beyond the length of the tourist visa, even though not resulting in fraud or willful misrepresentation, may be a sufficient negative factor to deny adjustment of status. 

Obtaining legal counsel to review your options is recommended.

Contact Malee about your Adjustment of Status or other immigration options.