ADJUSTMENT OF STATUS AND GREEN CARD LAWYER PHOENIX, AZ
DON’T HESITATE TO REACH OUT TO US!
Our Law Firm is committed to becoming the best Law Firm for Latino, migrant, and Spanish speaking communities in Arizona.
Experienced Green Card and Adjustment of Status Lawyer in Phoenix
Applying for citizenship or lawful permanent residence (LPR) can be a long and difficult process. To make the process easier, seek help from a green card lawyer. Phoenix residents can rely on the adjustment of status lawyers at Ybarra Maldonado Law Group.
To apply for LPR, an immigrant must first determine what type of legal status they are eligible for. Then, he or she must file the correct forms, maintain their status, pay the necessary fees, and perform the necessary requirements. After filing to adjust status, applicants must often wait months or even years. This is all on top of the difficulties of everyday life.
It’s easy to make simple mistakes during the immigration process that could disqualify you from obtaining LPR. Increase your chances for a successful outcome by consulting with an attorney experienced in adjustment of status. The experienced Phoenix immigration attorneys at Ybarra Maldonado Law Group can help you determine your eligibility, file applications, and more.
Call (602) 910-4040 today to schedule an initial consultation with our immigration team.
What Is Adjustment of Status in Immigration Law?
Adjustment of status (AOS) is the process by which non-immigrant visa holders can apply for lawful permanent resident status. This allows non-immigrants already present in the United States to get their green card without leaving the country. When you undergo adjustment of status, you can live in the U.S. while your application is processed, even if your visa expires before you’re approved for a green card.
Those outside of the U.S. do not qualify for an AOS. They must instead apply through consular processing. But what is consular processing? This is when you apply for a green card from outside the U.S. For this method, the nearest United States consulate or embassy processes the green card. You will remain outside of the U.S. until your green card application is approved.
Both methods have their own:
- timelines
- applications
- costs
- supporting documents
The way you entered the U.S., your family ties, and your background determine the way in which you can apply for adjustment of status. To ensure your status adjustment goes as smoothly as possible, you should seek counsel from a Phoenix immigration attorney. The team at Ybarra Maldonado Law Group provides tailored solutions to our clients, adjusting our approach to suit your individual circumstances.
Change of Status vs. Adjustment of Status
An immigrant change of status and an immigrant adjustment of status are two different processes. Change of status occurs when non-immigrants switch from one type of temporary non-immigrant visa to another. For example, you may want to switch from a student visa to a temporary work visa. Switching requires a change of status, but you are still a lawful non-immigrant rather than a lawful permanent resident.
Adjustment of status changes your legal status from a lawful non-immigrant to a lawful permanent resident. In other words, it allows you to obtain your green card. Lawful nonimmigrants may be in the U.S. for tourism, business, temporary work, or study. If, during their stay, they want to become a lawful permanent resident, they can apply for an adjustment of status.
What Is a Green Card?
A green card is a document issued to immigrants that allows them to reside and work permanently in the U.S. Its official name is a Permanent Resident Card. Green card holders may apply for U.S. citizenship after having a registered permanent residence in the U.S. for at least five years. They must also show they have good moral character. The government can revoke green cards if the holder commits certain crimes, such as crimes of moral turpitude.
The United States Citizenship and Immigration Services (USCIS) judges green card applications. In some cases, an immigration judge, an authorized federal judge, or a member of the Board of Immigration Appeals (BIA) grants green cards. All green cards have your Alien Registration Number, which you need for many immigration documents.
There are several types of green cards, including employment-based, family-based, humanitarian, and Diversity Visa lottery green cards. While many types of green cards exist, they essentially work in the same way. However, different types of green cards require different processes and adjustment applications. Adjustment of status lawyers in Phoenix can explain the specific categories of green cards and how to apply for yours.
The Four Most Common Types of Green Cards Are:
Family-Based Green Card
A family-based green card requires the applicant to be an immediate family member of a U.S.citizen or green card holder. The family member with citizenship or LPR status petitions on your behalf for your visa and green card.
Our Phoenix family immigration lawyers provide expert guidance and support to those seeking family-based green cards.
Marriage-Based Green Card
Spouses of U.S. citizens and lawful permanent residents may apply for green cards. The person with citizenship or LPR status petitions on behalf of their spouse for a visa and green card.
A fiancé(e) of a U.S. citizen may apply for a K-1 visa. This allows them to get married on American soil. Once they get married, they may apply for a marriage-based green card.
Before applying for a marriage visa, it is wise to hire a Phoenix marriage visa lawyer. The legal team at the Ybarra Maldonado Law Group has professional experience in helping engaged and married couples with the immigration process.
Employment-Based Green Card
Employment-based visas, or H-1B visas, are highly sought after. Due to the limited number of H-1B visas available each year, securing one can be especially difficult. Like other forms of visas and green cards, it is highly susceptible to change depending on the current administration.
Applicants often need to demonstrate exceptional ability. They must meet education requirements and be able to prove past work experience. A Phoenix H1B immigration attorney can provide professional guidance to those seeking H-1B visas. Our team helps clients gather relevant employment records, fill out complicated paperwork, and more.
Returning Resident Immigrant Visa
This is for applicants who received their lawful permanent resident status in previous years. If their LPR status expires while they travel outside of the country, they may apply for a Returning Resident Immigrant Visa. This helps them reacquire a green card.
Adjustment of Status Eligibility
Who Is Eligible for Status Adjustment?
Eligibility for adjustment of status depends in part on the type of green card you want to apply for. Generally, the following nonimmigrants qualify for status adjustment.
Immediate family members of U.S. citizens or immigrants with LPR status can apply for a change of status. This can include a spouse, unmarried child, parent, fiancé(e), or widower.
Certain workers can apply for a green card through their employment. This includes first, second, and third preference immigrant workers. Additionally, physicians and investors may qualify.
The U.S. extends adjustment of status eligibility to special immigrants. This includes certain religious workers, international broadcasters, and nationals from Afghanistan or Iraq. Immigrant juveniles who need protection from a juvenile court due to abuse, abandonment, or neglect may also apply through special immigrant eligibility. Additionally, employees of eligible international organizations, such as NATO, and their relatives qualify as special immigrants.
Asylees who were granted asylum status at least one year ago may apply for an adjustment of status. Refugees admitted into the U.S. at least one year prior to application also qualify for adjustment of status.
Human trafficking victims who currently have a T non-immigrant visa, and crime victims who currently have a U non-immigrant visa, may qualify for status adjustment.
The U.S. allows victims of abuse, including VAWA self-petitioners and special immigrant juveniles, to apply for adjustment of status. Abused children and spouses under the Cuban Adjustment Act and the Haitian Refugee Immigration Fairness Act can also apply for their green cards through adjustment of status.
To learn more about how to get a green card in the United States, contact an experienced lawyer offering immigration services. An AZ adjustment of status attorney can inform you about the forms and documentation you’ll need to apply for your green card.
Requirements for Adjustment of Status
The eligibility requirements for adjustment of status can include, but are not limited to:
Physical Presence in the U.S.
You must be inside the U.S. when you file the application for adjustment of status. However, some may apply for a green card from their home country through a consulate. Consult a green card immigration lawyer to see if this is an option for you.
Lawful Entry Into the US
To apply for an adjustment of status, you must have a valid visa or have used the Visa Waiver Program when you most recently entered into the United States. In most cases, you must be in lawful status when you initially apply for an adjustment of status. If you entered with a valid visa, but it has now expired, you still entered the U.S. legally.
Ybarra Maldonado Law Group is an adjustment of status law firm with substantial experience in immigration cases. Our Phoenix immigration waiver lawyers can help those who entered the U.S. through the Visa Waiver Program seek adjustments in status. We also assist those with current or expired visas.
In very few cases, a non-immigrant may be allowed to apply for adjustment of status even if they do not meet lawful entry requirements. VAWA applicants and those who qualify for adjustment through an INA 245(i) are exempt from this requirement. Under certain statutory provisions, special immigrants are also considered to have entered lawfully for the purposes of status adjustment.
Presentation of an approved, current, and relevant form
Application forms differ from one type of green card to another. In addition to finding the right form, you will need to submit specific documentation. You may need to provide passport-style photos, your birth certificate, and more.
Phoenix adjustment of status attorneys can help you determine which forms and documentation to submit.
No Serious Criminal History or Evidence of Drug Abuse
Conviction of certain crimes can hinder your ability to apply for a green card. If you or a loved one has been accused of criminal activity, it is crucial to seek representation from an immigration criminal lawyer in Phoenix. Ybarra Maldonado Law Group provides professional immigrant criminal defense for our local communities.
A Sponsor
Usually, a sponsor is an immediate family member. Immediate relatives will have to prove they make a certain amount of money. In some cases, a sponsor can be a fiancé(e) or an employer.
In certain cases, you may qualify for a green card through the diversity lottery or other humanitarian grounds. Read our related blog for more information on how to sponsor an immigrant.
Adjustment of Status Fee
To apply for adjustment of status, you will need to pay certain fees.
First, you’ll need to pay any fees that are associated with your initial petition. Fees may differ depending on the type of petition. For example, the fee for filing an I-130 Petition is currently $675.
Once your initial petition is approved, you’ll then pay a separate fee to file your I-485 green card application. Most of the time, this fee ranges from $1,440 to $1,500. A lower fee of $950 applies to applicants under the age of 14 who file with one of their parents.
The USCIS occasionally updates fees for status adjustments. Check the USCIS fee schedule for the most current information.
Medical Examination
Green card applicants must take a medical exam before becoming lawful permanent residents. These exams tend to cost a few hundred dollars.
The examining doctor will fill out the immigration form I-693: Report of Medical Examination and Vaccination Record. Keep it sealed and in a safe place. Only the judge should open it.
Green Card Availability
Before you can file for an adjustment of status, you must first make sure that a green card is available to you at the time. If you are applying as a spouse or immediate relative of family members with U.S. citizenship, this is automatically available.
Other types of visas have limited availability. If you apply as a distant relative or through employment, you may face a longer waiting period. Additionally, if your sponsor is a green card holder, you may need to wait for visa availability. Check visa availability through the USCIS website before beginning your application.
Other Categories as Declared by USCIS
Other considerations can affect the final decision for green card applications. Since immigration law is constantly changing, it is crucial to consult with an adjustment of status lawyer before seeking your green card.
How Long Does it Take to Get a Green Card?
With an experienced immigration attorney, it should take anywhere from a few days to a few weeks to complete and submit the necessary paperwork. After submitting the green card application to the USCIS office, the waiting period depends on how busy USCIS is. You can expect to wait at least 5 months and up to several years for the entire process. In some cases, applicants will initially receive a denial. If this happens, we recommend speaking with an immigration appeal lawyer in Phoenix.
Adjustment of Status Timeline
Obtaining a green card through an adjustment of status is often a slow process. The timeline for adjustment of status will depend on your unique situation.
For example, completing an adjustment of status through marriage can take anywhere from 5 to 18 months if your spouse is a United States citizen. The same process may take anywhere from 5 to 36 months if your spouse is a green card holder.
The processing time will also vary depending on where you apply from within the United States. Check the USCIS processing times for up-to-date information on locations near you.
To ensure your status adjustment goes as quickly as possible, seek help from an adjustment of status law firm. A Phoenix immigration lawyer can save you time by avoiding common mistakes and making sure that all of your paperwork is correct. Ybarra Maldonado Law Group offers citizenship and immigration services and is here to help you secure your green card.
How to Get a Green Card Through Adjustment of Status
- Check your eligibility for a green card.
- Ask your sponsor to file the appropriate petition for your green card.
- Family green card: I-130
- Employment-based application: I-140
- Humanitarian application: I-730
- The USCIS grants green cards through status adjustments. Once your sponsor files your petition, this process can take anywhere between several months to multiple years.
- After your petition is granted, check for visa availability for your green card.
- If a visa is available, file the Form I-485 adjustment of status application. At this time, you may also want to file the requests for your work permit and advance travel documents so that you may work and travel while waiting.
- After you receive your I-485, the USCIS will mail you the information you’ll need to complete your fingerprint and eye scan. This is also called a biometrics appointment.
- Depending on the information provided in the I-485, you may need to be physically present for an interview. In other cases, the USCIS may mail a formal request for more evidence.
- Eventually, you’ll receive an answer. If your status application was granted, you’ll receive an approval notice, followed by your physical green card.
How to Check Your Adjustment of Status Application
You can check for updates on your status adjustment application at any time by entering your case number on the USCIS website. This will give you all of the information and updates on your adjustment of status, including when your green card is approved.
Why Choose the Immigration Attorneys at Ybarra Maldonado Law Group?
The Ybarra Maldonado Law Group is an immigration law firm in Phoenix that offers a wide range of legal services. After years of political activism and supporting immigrants in Phoenix, Ray A. Ybarra Maldonado & Dr. Angeles Maldonado opened this group to serve local immigrant, Latino, and indigenous communities. Our experienced Phoenix immigration lawyers have a proven track record of helping clients overcome obstacles and achieve immigration goals. With our extensive knowledge of local laws and immigration issues, we help immigrants through adjustment of status and acquire permanent legal residency.
Adjustment of Status FAQs
What Happens After an Adjustment of Status Change?
Once you receive your green card in the mail, you can work and live freely in the United States. You may travel overseas and return without having to worry.
If you applied for an adjustment of status through marriage, you may receive a conditional green card. This temporary green card expires after 2 years. If you cannot acquire your permanent green card before the 2-year period ends, you will need to upgrade this to a 10-year green card.
Depending on what type of green card you have, you may be eligible to apply for citizenship after 3-5 years.
Do I Need an Immigration Lawyer For a Green Card?
Applying for a green card involves complicated paperwork and many requirements. For this reason, it is highly recommended to hire an immigration lawyer for a green card application.
When Can I File For Adjustment of Status After Marriage?
After marriage to a U.S. citizen or a lawful permanent resident, you may file for an adjustment of status.
How Much is Adjustment of Status?
Costs vary depending on the type of green card you apply for. Check the USCIS to see if you qualify for any fee waivers. Application fees are separate from attorney fees. Contact a green card immigration lawyer for cost estimates based on your exact circumstances.
Can I Travel While My Adjustment of Status is Pending?
If you must travel out of the country while your adjustment of status is pending, you will need to first obtain a travel permit. You can do this by filing a Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records.
Contact a Phoenix Green Card Attorney at Ybarra Maldonado Law Group Today
Ybarra Maldonado Law Group serves our community by offering reliable and experienced legal support. We help clients deal with various immigration issues, such as deportation defense and citizenship applications. We also provide professional criminal defense and personal injury services. Our team is ready to answer your potential questions about immigration and more.
The adjustment of status process is complicated and confusing. Our years of experience in immigration law allow us to get the best possible results for our clients. Applying for adjustment of status and green cards is much easier with the help of an experienced, compassionate green card immigration lawyer.
Allow our adjustment of status lawyers to help you on your immigration journey. New clients can call our Phoenix office at (602) 910-4040 for their green card case evaluation.