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Adjustment of Status

Contact Johnson & Nicholson Charlotte Attorneys to Learn More on How to Obtain Permanent Resident Status in the US

There are two different ways of obtaining lawful permanent resident status through a family-based petition:

  • Consular processing – which usually takes place in the country of origin,
  • Adjustment of status, which is processed in the United States.

Adjustment of Status and its Benefits

The primary advantage of adjustment of status is that the immigrant is allowed to remain in the United States while the petition is processed in lieu of returning to the country of origin.

Applying for Adjustment of Status

In order to adjust status under §245(I) an applicant must be the beneficiary of an approvable:

  • I-130, Petition for Alien Relative;
  • I-360, Petition for Amerasian, Widow(er), or Special Immigrant;
  • I-526, Immigrant Petition by Alien Entrepreneur; or
  • ETA-750, the labor certification application and the petition must have been filed on or before April 30, 2001.

However, please note that §245(I) does not waive grounds of inadmissibility and should not be confused with other waivers.  If a waiver would be necessary were another form of adjustment being pursued, a waiver will still be necessary if one is adjusting under §245(I).

Some classes of immigrants, including children under 17 years of age and Family Unity recipients, may qualify for §245(I) adjustment without having to pay the penalty.

How to Apply for Adjustment Under §245(I)?

  • When applying for adjustment under §245(I), the applicant must include proof that he or she is the beneficiary of a qualifying form filed on or before April 30, 2001.
  • In most cases, this can be done by submitting the USCIS or Department of Labor filing receipt indicating a priority date on or before April 30, 2001.
  • Certified mail receipts or express mail tracking records can also be used as evidence if the original receipt notices have been lost or are otherwise unavailable.
  • In addition, the applicant will also need to submit proof of physical presence in the United States on December 21, 2000.  Such evidence can include immigration records, school records, rent receipts, utility bills, employment records, credit card statements and much more.

Adjustment of status is a discretionary act, meaning that even if all of the statutory requirements are met, the petition may still be denied due to certain negative factors the immigration officer or immigration judge believes are significant.

If successful, an applicant for adjustment of status under §245(I) will obtain lawful permanent resident status and be placed on the path towards citizenship.

Get in Touch with Johnson & Nicholson Attorneys for Free Consultation

Contact a Charlotte immigration attorney to learn more about the 245(I) Adjustments of Status and find out whether you are eligible for application.  Call today at (704) 325-8057.

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