Green Cards & Immigrant Visas I-485 Adjustment of Status (Green Card)

I-485 Adjustment of Status (Green Card)

 

Adjustment of status (AOS) is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States by filing Form I-485, Application to Register Permanent Residence or Adjust Status with the United States Citizenship and Immigration Services (USCIS) or with the Immigration Court if you are in removal proceedings. 

 

This means that you may get a Green Card without having to return to your home country to complete visa processing. If you are in removal proceedings, you can stop the deportation process. As part of the AOS process, you can also apply for a work permit and a travel document while your case is pending.

 

Here are the various services/categories in which Boyadzhyan Law could assist you in applying for AOS:

 

Green Card Through Family

 

• Immediate Relatives – You may be eligible to apply as an “immediate relative” of a U.S. citizen if you have a pending or approved I-130, Petition for Alien Relative filed on your behalf. 

 

Immediate relatives are: (i) spouses of a U.S. citizen, (ii) unmarried child (under the age of 21) of a U.S. citizen and (iii) parent of a U.S. citizen who is at least 21 years old. Generally, immediate relatives can seek AOS even if they are out of status, as long as they entered the United States lawfully. Learn more here [ADD I-130 Family-Based Petitions Page]

 

• Preference Category Relatives – if you currently have lawful status in the United States and are a family member of a U.S. citizen or a Lawful Permanent Resident who has filed an I-130 visa petition on your behalf you may be eligible to adjust status under the family-based preference categories if your Form I-130, Petition for Alien Relative is approved and your priority date is current. Learn more here [ADD I-130 Family-Based Petitions Page]

 

• Fiancé(e) of U.S. Citizen – if you have been admitted to the United States with a fiancé(e) visa (i.e. K-1 nonimmigrant visa), or if you were admitted as the child of a fiancé (i.e. K-2 nonimmigrant visa), you may be eligible to adjust status in the United States. Learn more here [ADD I-129F Fiancé Visa Page]

 

• Widow(er) of U.S. Citizen – if you were married to a U.S. citizen who died while you were still married, you may be eligible to file a Widow(er) self-petition (Form I-360) to adjust status in the United States. Learn more here [ADD I-360 Widow(er) Petition Page]

 

Green Card Through Refugee or Asylee Status

 

• Asylee – If you were granted asylum in the United States at least one year ago, you may be eligible to adjust status to become a lawful permanent resident of the United States. Learn more here [ADD I-589 Asylum Page] 

 

• Refugee – If you were admitted to the United States as a refugee at least one year ago, you may be eligible to adjust status to become a lawful permanent resident of the United States. Learn more here [ADD I-730 Page]

 

Green Card for Victims of Abuse (VAWA)

 

• VAWA Self-Petitioner – If you are the spouse or former spouse, child (unmarried/under 21 years old)/parent of an abused child (unmarried/under 21 years old), or parent who was physically battered and/or subject to extreme cruelty by your U.S. citizen or lawful permanent resident spouse, parent or adult child, you may be eligible to file for adjustment of status if you have a pending or approved VAWA self-petition. Learn more here [ADD I-360 VAWA Petition Page]

 

Green Card for Crime Victims (U-visas)

 

• U-visa – if you, as well as your family members, have been granted a U-visa because you were the victim of a crime, and more than three years have passed, you may be eligible to adjust status to a lawful permanent resident of the United States. Learn more here [ADD I-918 U-Visa Page]

 

Green Card Based on 245(i) Eligibility

 

• 245(i) Eligibility – INA 245(i) allows for certain individuals to apply for a green card even if you entered the U.S. illegally, worked without permission, or failed to maintain lawful status in the United States. To qualify for INA 245(i) adjustment of status, you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition (Forms I-130, Petition for Alien Relative, or I-140, Immigrant Petition for Alien Worker) filed on or before April 30, 2001.

 

Green Card Through Matter of Quilantan/Waived Through Entry

 

• Quilantan Entry – If you entered the United States illegally, but were inspected at a port of entry, you may be eligible to adjust status to a lawful permanent resident. A Quilantan Entry, also referred to as a Waved Through Entry, can be a lawful admission if you presented yourself at a port of entry for inspection. If you presented yourself to immigration officials for inspection and you were allowed entry into the United States even though you did not have a visa or permission to enter, you could still show that you were “admitted” to the United States and apply for adjustment of status.

 

If you need assistance with your adjustment of status application, or would like more information, contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com