The U.S. immigration attorneys at The VanNoy Firm help U.S. immigrants navigate the justice system. In most cases, immigrants on various visas can apply for a green card. It would allow them to work and live in the United States if they cannot already. The adjustment of status is meant to avoid forcing an immigrant who is already living in the United States to go back to their home country and apply through their consular. Instead, the individual can remain in the U.S. while their petition is being processed. Once your petition is completed, you will be a lawful permanent resident.
You must already have a valid visa for many reasons. These reasons can include a spouse who is a citizen or a lawful permanent resident, your employment visa, or you being a victim of abuse or human trafficking.Â
Most visa holders will be required to file a petition before applying for a green card. It will depend on your status.
In most cases, the process takes between 8 and 14 months. It does not happen quickly. However, at the end of the process, you will be able to work legally in the United States.
Those applying for an adjustment of status will be required to supply ample documentation before getting a green card. In most cases, these applications will require a sponsor who is a U.S. citizen. Ultimately, family members tend to sponsor green card applicants most frequently. However, there are other eligibility requirements. Individuals may apply for green cards based on employment sponsorship, investment potential, or special qualifications. Those who do not have familial or employment ties may be able to prove other criteria.
If you do not have a visa, it may be possible to waive that requirement under the Visa Waiver Program (VWP). However, the program is only available to those in participating countries. Further, USCIS is only required to process petitions that are filed by relatives of immediate family members.Â
Ambiguity under the law means that an immigrant who has overstayed their VWP can either have their case adjusted or processed by ICE. It’s best to contact a lawyer early in the process to avoid your case being decided on that basis.
Ultimately, every case is different, with some being more complicated than others. The complicated cases tend to take longer, but The VanNoy Firm has successfully helped hundreds of applicants adjust their status and become legal permanent residents. For more information, call today.Â
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