Adjustment of Status (Form I-485) is an application filed by an alien who is physically in the United States to adjust his or her non-immigrant status to immigrant status or permanent resident status. To file for adjustment of status, the immigrant must not only be eligible to adjust, but must also not be statutorily barred from adjustment.  Adjustment of status is “discretionary”.  That is, even if the foreign national meets all the requirements, and is not under one of the statutory bars, the USCIS can still deny the case, providing there are legitimate reasons for the denial such as a negative factors in the case (misrepresentation, application fraud, prior criminal convictions but are not removable, etc.).  In general, most foreign nationals will be able to adjust their status if they meet the requirements and are not barred, even if they have one or more negative factors.  Having immediate relatives and close family ties and friends may assist clients to overcome negative factors and allow the foreign national to be adjusted.  However, that is never a “guarantee.”  For more information, please click on “removal and waiver.” In order to adjust one’s status, the person must be physically present in the US (or he/she can obtain an immigrant visa through the Department of State), and have an approved I-130 Petition or I-140 petition.  There are also other nonimmigrant visas that are available.  For more information, please click on the link for nonimmigrant visas.    

 

Contact the Immigration Lawyers at Smith & Garg today for more information on adjustment of status!