Petitioning for an Adjustment of Status

Experienced Immigration Lawyers

Adjustment of status is available to many immigrants thanks to the Immigration and Nationality Act (INA). Someone can change their temporary, nonimmigrant status to immigrant status, thus becoming a lawful permanent resident. To adjust one's status, one has to eligible for a green card. If someone living inside of the United States qualifies for an adjustment of status, then that person would not have to go overseas in order to apply and interview for their green card.

There is a second option for someone to become a green card holder, however. If someone living inside of the U.S. is not eligible for adjustment of status, or if that person is currently outside of the United States, then they can get a green card with consular processing. This route would require them to go to a U.S. consulate or embassy in their native country.

Before applying for adjustment of status, you should first see if you could apply for refugee or asylum status. Otherwise, this adjustment process moves forward when an employer or relatives files a petition for you. Depending on what you qualify for, could get a green card that falls under the following categories:

  • Family Based
  • Employment Based
  • Special Classes of Immigrants
  • Humanitarian Programs

Depending on which category applies in your situation, you may be eligible to file your petition along with your Form 1-485, Application to Register for Permanent Residence or Adjust Status in what is called a concurrent filing. For example, immediate relatives of U.S. citizens may be able to file concurrently; however, most categories require that you establish your eligibility for the immigrant category with an approved petition before you can file a Form I-485.

Contact a Houston Immigration Attorney for Support

When filing your Form I-485, it's important that you read the instructions very carefully and submit all of the required documentation and evidence required from you. If you fail to do so, it may result in unnecessary delays or a denial. Other formalities include fingerprints and an interview.

If you are looking to change your immigration status, it's very important that you follow the proper procedures and protocol. We urge you to contact a Houston immigration lawyer from Hira Law PLLC for the information and support you need to complete this process successfully.

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