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Attorney Guidance For Adjustment Of Status: Secure Your Green Card

Last updated on May 16, 2024

The process a migrant currently in the United States goes through to become a lawful permanent resident (LPR) is called “adjustment of status.” To acquire LPR status, applicants must file Form I-485, Application to Register Permanent Residence or Adjust Status (a green card application).

With offices in Hyattsville, Maryland, and Los Angeles, California, Marigold Law Center offers nationwide guidance for challenging immigration issues, such as applying for a green card. Our experienced attorneys can guide you through every step of the application process. We are here to answer your questions.

Who Is Eligible For Adjustment Of Status?

Generally, a migrant can file a Form I-485 if they meet each of the following requirements:

  1. Must have been:
    1. Inspected and admitted into the United States
    2. Inspected and paroled into the United States
  2. Must be physically present in the United States
  3. Must be the beneficiary of an approved visa petition, and the corresponding visa must be immediately available
  4. Must not be disqualified for adjustment of status based on adverse criminal or immigration history, among other factors

Another essential aspect to remember is that the applicant must maintain their eligibility throughout the adjustment of status process. Applications can be impacted by changes in the applicant’s circumstances before a Form I-485 is approved.

When Is A Valid Admission Or Parole Into The United States Not Necessary?

Section 245(i) of the Immigration and Nationality Act (INA) enables certain migrants who are present in the United States who would not typically qualify to apply for adjustment of status in the United States to obtain LPR regardless of:

  1. How they entered the United States
  2. Working in the United States without authorization
  3. Failing to maintain lawful status after entry

To qualify for this provision, a migrant must be the beneficiary of a labor certification or family petition filed on or before April 30, 2001. Furthermore, the migrant must have been physically present in the United States on Dec. 21, 2000. Note that this physical presence requirement does not apply to migrants who were petitioned before Jan. 15, 1998.

Please note that fulfilling the above requirements does not guarantee eligibility. Consulting with an attorney regarding their specific circumstances is critical for applicants.

What Is Conditional Residency?

Conditional permanent residency can be awarded for several reasons. The most common form of conditional residency is awarded to those who have adjusted their status based on their marriage to a United States citizen or LPR within the first two years of their marriage.

Although the residency is “conditional,” a conditional resident is still eligible for many rights and privileges that come with permanent residency, such as living and working anywhere in the United States.

Therefore, conditional permanent residence simply refers to how long a migrant can stay in the United States until they must seek permanent residency, which is two years. To convert conditional residency to permanent residency, an applicant must file a Form I-751, Petition to Remove Conditions on Residence.

Contact Us For A Free Consultation

For more information on adjustment of status and conditional residency and whether you can benefit from these processes to become a permanent U.S. resident, please call Marigold Law Center toll-free at 323-714-0195 or email us to schedule a free consultation. With offices in Hyattsville, Maryland, and Los Angeles, California, we serve people nationwide.