1. What is an adjustment of status for an immigrant?

An adjustment of status is a process through which an immigrant who is already present in the United States can apply to become a lawful permanent resident (LPR) or “green card” holder without having to leave the country. This process allows certain individuals, such as those with family or employment-based visas, to apply for permanent residency while remaining in the United States. It is also known as “getting a green card” or “applying for permanent residence.”

2. Can a non-immigrant adjust their status to a permanent resident of the U.S.?

Yes, a non-immigrant can adjust their status to a permanent resident of the U.S. in certain circumstances. This process is known as “adjustment of status” and allows certain non-immigrant visa holders to transition to permanent residence without having to leave the country. To be eligible for adjustment of status, the individual must have a valid basis for becoming a permanent resident, such as through marriage to a U.S. citizen or through employment sponsorship. They must also meet other eligibility requirements and go through the application process with United States Citizenship and Immigration Services (USCIS). It is important to note that not all non-immigrants are eligible for adjustment of status and it is recommended to consult with an immigration attorney for specific guidance on your situation.

3. How can an immigrant adjust their status to become a permanent resident?

There are several ways for an immigrant to adjust their status and become a permanent resident in the United States. The most common ways include:

1. Through family sponsorship: An immigrant can apply for adjustment of status if they are sponsored by a close family member who is a U.S. citizen or permanent resident.

2. Through employment: Immigrants who have been offered a job from a U.S. employer may be eligible to apply for an employment-based green card and adjust their status.

3. As a refugee or asylum seeker: Immigrants who have been granted refugee or asylum status in the U.S. may be able to adjust their status to become permanent residents after one year of being in the country.

4. Through the diversity visa lottery program: Each year, the U.S. government holds a lottery that awards 50,000 visas to immigrants from countries with low rates of immigration to the U.S.

5. Through special programs: There are certain special programs, such as the Cuban Adjustment Act and the Nicaraguan Adjustment and Central American Relief Act, that allow immigrants from specific countries to adjust their status.

To apply for adjustment of status, immigrants must file Form I-485, Application to Register Permanent Residence or Adjust Status, along with any required supporting documents and fees. It is important to carefully follow all instructions and meet all eligibility requirements when applying for adjustment of status.

4. How long does the adjustment of status process take?

The adjustment of status process can vary in length, but on average it takes between 8-14 months to complete. However, processing times can also be affected by factors such as backlogs, USCIS workload, and the complexity of the case. Some cases may be processed quicker while others may take longer. It is important to regularly check the USCIS website for current processing times for the specific field office handling your case.

5. What documents are required to adjust status for an immigrant?

The documents required to adjust status for an immigrant may vary depending on individual circumstances, but in general, the following are typically required:

1. Form I-485: This is the Application to Register Permanent Residence or Adjust Status.

2. Supporting documents for Form I-485: These may include but are not limited to birth certificate, passport, marriage certificate (if applicable), police clearances, and any other relevant documents requested by USCIS.

3. Form I-693: This is the Report of Medical Examination and Vaccination Record that must be completed by a designated civil surgeon.

4. Evidence of lawful entry into the US: This may include a valid visa or I-94 Arrival/Departure Record.

5. Proof of relationship to a US citizen or lawful permanent resident: This may include a marriage certificate or birth certificate for children.

6. Evidence of financial support (Affidavit of Support): This includes Form I-864 Affidavit of Support and supporting documentation such as tax returns and pay stubs from the petitioner/sponsor.

7. Employment Authorization Document (EAD): If the applicant wishes to work while their green card application is pending, they must submit an application for an EAD along with their adjustment of status application.

8. Application for Travel Document (Advance Parole): If the applicant plans to travel outside of the US while their green card application is pending, they must also submit an application for advance parole in order to return without jeopardizing their immigration status.

9. Payment of fees: The filing fee for Form I-485 is currently $1,225 (including biometrics fee) and may be subject to change in the future.

10. Any additional documents as requested by USCIS during the process.

6. Can an immigrant with a criminal record adjust their status?

It depends on the specific circumstances of the criminal record and the immigration status of the individual. In general, having a criminal record may make it more difficult to adjust status, but it is not necessarily impossible. If the offense was minor and not considered a deportable offense, it may still be possible for the immigrant to adjust their status. However, if the offense was serious or deemed deportable, it could result in denial of adjustment of status and potentially lead to deportation. It is important for immigrants with criminal records to seek guidance from an experienced immigration attorney to understand their options and potential consequences before pursuing adjustment of status.

7. Does a felony conviction prevent an immigrant from adjusting their status?

It depends on the specific circumstances of the felony conviction. Certain felony offenses, such as drug trafficking, may make an immigrant ineligible for adjustment of status. Other factors that may affect an immigrant’s ability to adjust their status include their immigration status and any previous immigration or criminal violations. It is important for individuals with felony convictions to consult with an immigration attorney to assess their eligibility for adjustment of status.

8. Does having a misdemeanor conviction affect an immigrant’s ability to adjust their status?

Yes, having a misdemeanor conviction can affect an immigrant’s ability to adjust their status. Under the Immigration and Nationality Act (INA), certain crimes can result in an individual being deemed “inadmissible” or “removable” from the United States. This means that they may not be eligible for certain immigration benefits, such as adjustment of status, and may face deportation proceedings.

Additionally, some misdemeanor convictions can be considered a “crime of moral turpitude” under immigration law. This category includes crimes that involve dishonesty, fraud, or evil intent. If an immigrant has been convicted of a crime of moral turpitude within five years after their admission into the United States and the offense carries a potential sentence of one year or more, they may also be found inadmissible or removable.

In some cases, there may be waivers available for immigrants with misdemeanor convictions that would otherwise make them inadmissible or removable. These waivers usually require showing extreme hardship to immediate relatives who are U.S. citizens or lawful permanent residents.

It is important for immigrants with criminal records to seek guidance from an experienced immigration attorney before applying for any immigration benefits. The outcome will depend on the type and severity of the offense and how it relates to immigration law.

9. What is the difference between a felony and a misdemeanor?

A felony is a serious crime, typically punishable by imprisonment for more than one year or by death. Examples of felonies include murder, rape, and robbery.

A misdemeanor is a less serious crime, generally punishable by a fine or imprisonment for less than one year. Examples of misdemeanors include disorderly conduct, minor drug possession, and petty theft.

10. If an immigrant has committed a felony, are they able to get permanent residency in the U.S.?

No, committing a felony makes an immigrant ineligible for permanent residency in the U.S. In some cases, it may also result in deportation.

11. Are there any exceptions for immigrants with criminal records that will still allow them to adjust their status?

It depends on the individual circumstances and the type of criminal record. In some cases, a waiver may be available for certain offenses or if the immigrant can demonstrate extreme hardship to their U.S. citizen or lawful permanent resident family members if they are not allowed to adjust status. However, certain serious offenses, such as drug trafficking or crimes involving moral turpitude, may make an immigrant ineligible for a waiver or adjustment of status. It is important to consult with an immigration attorney for specific guidance in these situations.

12. What are the consequences of having a felony conviction for an immigrant trying to adjust their status?

If an immigrant has a felony conviction, it can have serious consequences for their ability to adjust their status. Firstly, it may make them ineligible for certain forms of relief, such as cancellation of removal or a waiver of inadmissibility. This means that they would not be able to apply for these types of relief and would have limited options for obtaining lawful permanent residence.

Secondly, a felony conviction can render an immigrant inadmissible to the United States. This means that even if they are eligible for another form of relief, such as an employment or family-based visa, the conviction could prevent them from being admitted into the country.

Additionally, a felony conviction can also trigger deportation proceedings. An immigrant with a felony conviction may be placed in removal proceedings and face deportation from the United States.

It is important to note that the consequences of a felony conviction on one’s immigration status will vary depending on factors such as the type of crime committed and the individual’s immigration status. It is advisable to seek assistance from an experienced immigration attorney if facing criminal charges as an immigrant.

13. Can an immigrant who is in removal proceedings still apply for adjustment of status?

Yes, an immigrant who is in removal proceedings can still apply for adjustment of status if they are eligible. They must first file a motion to terminate the removal proceedings and then submit all necessary forms and documents to apply for adjustment of status with USCIS.

14. What is the process for appealing an adjustment of status denial due to criminal convictions?

The process for appealing an adjustment of status denial due to criminal convictions may vary depending on individual circumstances and the specific reasons for the denial. However, in general, the steps for appealing a denial are as follows:

1. Review the denial notice: Upon receiving a denial notice, carefully review it to understand the reasons for the decision and any specific instructions or deadlines for appeal.

2. Consult with an immigration lawyer: It is highly recommended to seek guidance from an experienced immigration lawyer who can assess your case and determine if there are grounds for appeal.

3. File Form I-290B: If you decide to proceed with an appeal, you must file Form I-290B, Notice of Appeal or Motion, within 30 days of receiving the denial notice (or 33 days if the notice was sent by mail). This form should be filed with the same office that made the initial decision on your adjustment of status application.

4. Prepare supporting documents: Along with Form I-290B, you will need to submit supporting documents that prove your eligibility for adjustment of status and address any concerns raised by USCIS in their denial notice. These documents could include a copy of your criminal record, character letters from family and friends, evidence of rehabilitation or good moral character, etc.

5. Attend hearing (if applicable): In certain cases, USCIS may schedule a hearing to further review your case. You will be notified about this hearing in advance and must attend it with your attorney.

6. Wait for a decision: After submitting your appeal and supporting documents, USCIS will reconsider their decision and issue a final decision on your case. This process may take several months.

It’s important to note that not all denials are eligible for appeal. Some decisions may only be appealed through other channels such as filing a motion to reopen or reconsider with USCIS or going through federal court proceedings. Consulting with an attorney can help determine which course of action is best for your specific case.

15. Does the U.S. have any programs to help immigrants with criminal convictions adjust their status?

Yes, the U.S. does have some programs in place to help immigrants with criminal convictions adjust their status. These programs include:

1. Waiver Programs: The U.S. Citizenship and Immigration Services (USCIS) offers waivers for certain grounds of inadmissibility, including criminal convictions. Eligible individuals may apply for a waiver to overcome their inadmissibility and be allowed to adjust their status.

2. Cancellation of Removal: Undocumented immigrants who are facing deportation or removal proceedings may be able to apply for cancellation of removal if they have been in the U.S. for a certain amount of time and can show that their deportation would result in extreme hardship to themselves or their U.S.-citizen or permanent resident family members.

3. Deferred Action for Childhood Arrivals (DACA): DACA is a program that provides temporary protection from deportation and work authorization for undocumented immigrants who arrived in the U.S. as children and meet certain eligibility requirements, including having no significant criminal record.

4. Special Immigrant Juvenile Status (SIJS): SIJS is available to undocumented minors who have been abused, neglected, or abandoned by one or both parents and cannot reunite with them due to harm or mistreatment.

5. Temporary Protected Status (TPS): TPS is a temporary immigration status granted to individuals from designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions that make it unsafe to return there.

It’s important to note that eligibility requirements vary for each program, and not all individuals with criminal convictions will be eligible. It’s best to consult with an immigration lawyer for specific guidance on which program may be applicable in your case.

16. What types of felonies can result in immigration consequences?

Many types of felonies can result in immigration consequences, such as drug crimes, violent crimes, fraud and financial crimes, sex offenses, and weapons offenses.

17. Can a waiver be requested if an immigrant has a felony conviction that would bar them from adjusting their status?

Yes, it is possible to request a waiver if an immigrant has a felony conviction that would ordinarily bar them from adjusting their status. However, the process and requirements for obtaining a waiver can vary depending on the specific circumstances of the case and the individual’s immigration status. It is best to consult with an experienced immigration attorney for guidance on applying for a waiver in this situation.

18. Do foreign convictions count when determining eligibility for adjustment of status?

Yes, foreign convictions can count when determining eligibility for adjustment of status. The U.S. Citizenship and Immigration Services (USCIS) considers all convictions, both domestic and foreign, when evaluating an individual’s eligibility for immigration benefits. This includes applications for adjustment of status, which is the process of becoming a lawful permanent resident (Green Card holder) while already residing in the United States.

If an applicant has a conviction outside of the United States, they must disclose it on their application for adjustment of status. USCIS will then evaluate the conviction to determine if it falls under one of the grounds of inadmissibility outlined in the Immigration and Nationality Act (INA). These grounds include certain criminal activities such as drug offenses, crimes involving moral turpitude, prostitution or commercial vice, human trafficking, money laundering, and more.

The severity of the foreign conviction and its relevance to one of these grounds will impact an applicant’s eligibility for adjustment of status. In some cases, a conviction may result in denial of the application without further review. It is important to consult with an experienced immigration attorney if you have any concerns about past convictions affecting your immigration status.

In addition to foreign convictions, USCIS also considers domestic convictions when determining eligibility for adjustment of status. It is important to accurately disclose all criminal history on your application and provide any necessary documentation or explanations to support your case.

It should be noted that not all foreign convictions will automatically make an individual ineligible for adjustment of status. Some offenses may be waived under certain circumstances or if the individual can demonstrate rehabilitation or good moral character.

Overall, it is crucial to be honest and thorough when disclosing any past criminal history on your application for adjustment of status. Failure to do so could result in denial or even deportation from the United States.

19. Are there any special waivers available to immigrants with certain felony convictions who are trying to adjust their status?

Yes, there are certain waivers available to immigrants with certain felony convictions who are trying to adjust their status. These include:

1. The waiver for crimes of moral turpitude: This waiver is available to immigrants who have committed a crime of moral turpitude and are otherwise eligible for adjustment of status. To qualify, the immigrant must show that the conviction will not adversely affect family unity or national security.

2. The waiver of inadmissibility for fraud or misrepresentation: This waiver is available to immigrants who have been found to have committed fraud or willful misrepresentation in their immigration process and are otherwise eligible for adjustment of status. To qualify, the immigrant must prove that they deserve a favorable exercise of discretion.

3. The waiver for certain criminal convictions under the Immigration and Nationality Act (INA) Section 212(h): This waiver is available to immigrants who have been convicted of certain crimes listed under INA Section 212(h). To qualify, the immigrant must show that denial of admission would result in extreme hardship to their U.S. citizen or lawful permanent resident spouse, parent, son, or daughter.

4. The waiver for certain criminal inadmissibility grounds under INA Section 212(i): This waiver is available to immigrants who have been found inadmissible due to criminal offenses listed under INA Section 212(a)(2), with the exception of controlled substance violations. To qualify, the immigrant must prove that denial of admission would result in extreme hardship to their U.S. citizen or lawful permanent resident spouse, parent, son, or daughter.

It should be noted that these waivers are discretionary and may be difficult to obtain. It is recommended that individuals seeking them consult with an experienced immigration attorney for guidance and assistance.

20. How do I know if I am eligible for adjustment of status despite my criminal record?

There is no definitive answer to this question as eligibility for adjustment of status can vary depending on individual circumstances and the specific criminal record. However, some factors that may affect eligibility include the type and severity of the crime, whether it was a single or repeated offense, and how long ago the crime occurred. It is best to consult with an immigration attorney for guidance on your specific situation.