Atlanta Adjustment of Status Attorney

Helping with Your Green Card Application and Other Immigration Matters

In order to live and work in the United States without a time limit, an immigrant must go through the adjustment of status (AOS) immigration process to obtain a green card and become a lawful permanent resident. If you are in the United States on a visa, you may stay in the U.S. while your AOS application is processed, even if your visa expires during that time. To be eligible for AOS if you are already in the United States, you may qualify to adjust your status in the USA if you entered the country with a valid visa.

You may apply for a green card under a few conditions if you are eligible. You may apply as the family member of a US citizen or as the employee of or investor in a U.S. business, as the victim of certain human rights violations, as a refugee or asylee, or in other special circumstances dependent upon your individual situation. The adjustment of status process can be lengthy and complicated. An accomplished adjustment of status lawyer from Sessoms Law Office, LLC can guide you through the immigration system and help you get to the most optimal possible outcome for your AOS case.

Contact our Atlanta office today at 678-853-7402.

What Are the Benefits of Being a Legal Permanent Resident in the United States? 

Achieving legal permanent residency in the United States of America has several benefits. Lawful permanent residence is obtained with a green card, which can be applied for through family immigration, employment-based immigration, and other legal means.

Some of the most valuable benefits of being a green card holder include the following:

• After you have achieved lawful permanent residency, you are authorized to live, work, and study anywhere in the US without limitations. You face no restrictions on where you are allowed to reside or how often you are allowed to move from one state to the next
• As a green card holder, you have certain legal protections from removal proceedings or deportation. However, you may lose your green card and protection if you commit certain crimes or violate specific laws. This stability brings immigrants and their family members a feeling of security and stability
• Depending on various factors, green card holders may qualify for federal government assistance programs and benefits. Potential financial aid options may include Social Security, Medicare benefits, and financial support to help pay for higher education
• Green card holders have the legal right to freely travel in and out of the United States with fewer restrictions than other immigrants, such as those in the US on a temporary visa. As a green card holder, you can leave and return to the country multiple times, so long as each trip lasts less than one calendar year. You must always carry your green card when traveling abroad to show proof of legal immigrant status upon your return
• Most permanent resident card holders could apply to become United States citizens within five years. If you received a green card due to marrying a U.S. citizen, you only have to wait three years to apply for citizenship. After naturalization, you gain additional important benefits such as the right to serve on a jury of your peers, the right to vote, and the ability to run for public office. You will no longer be required to renew your green card every decade, and you may also qualify for a US passport
• Once you have achieved legal permanent residency, you can legally sponsor certain family members who wish to immigrate to the United States. You may be authorized to sponsor foreign family members with alien relative petitions, including your spouse, children under the age of 21 who are unmarried, and your parents. Having a green card creates a path in family-based immigration
• The same civil rights that apply to United States citizens also apply to green card holders who reside in the country. Once you achieve legal permanent residency, you will receive the rights and protections provided by federal, state, and local laws
• While you cannot vote in elections or run for public office, green card holders can still contribute money to political candidates or campaigns they believe in. They also have the right to be politically active by volunteering, protesting, canvassing, or engaging in activism

To learn more about the benefits of being a green card holder as compared to nonimmigrant visa holders or other types of foreign nationals in the United States, contact our experienced immigration attorneys to discuss your case today. In your immigration case review, we will review your legal options and green card eligibility to assist you throughout the entire process of applying for green cards or adjusting your status.

Who is Eligible for an Immigration Status Adjustment in Atlanta? 

There are several green card categories. You may apply for a green card through family immigration, employment-based immigration, special immigration, or by filing for asylum protection or refugee status.

Certain qualifying family members of United States citizens or legal permanent residents can obtain a green card through family-based immigration. Additionally, if you are getting married to a green card holder or a U.S. citizen, you may also apply for a green card.

Depending on your immigration status, you may apply for an adjustment of status to obtain a green card through employment-based immigration. You may qualify if you are a first-, second-, or third-preference immigrant employee, an immigrant investor, or a physician with a national interest waiver. Foreign workers are encouraged to contact an experienced immigration attorney to discuss their immigration goals.

Certain qualifying immigrant juveniles, religious workers, and others may fall under special immigrant categories, allowing them to adjust their status and obtain green cards.

If you are an asylee or a refugee, you must have waited one year since your entry into the country or asylum approval date before you can adjust your status and obtain a green card.

To be eligible for an adjustment of status, you must have a valid visa. If you have an expired visa, you must leave the country before seeking an adjustment of status. In some immigration cases, you may no longer be eligible to return to the US because of the violation of immigration laws on an expired visa.

Contact an Atlanta immigration lawyer at our law office to discuss green card eligibility, immigrant visas, and how you can go from being a foreign national to a legal permanent resident.

What Are the Different Pathways to Achieving Lawful Permanent Resident Status? 

As previously discussed, many legal options exist for obtaining lawful permanent residency and green cards in the United States, including employment-based, family-based, and asylum-based immigration.

Additionally, certain qualifying crime victims who were granted a U visa may be allowed to apply for an adjustment of status after three years of physical presence in the United States. Additionally, the crime victim must have provided substantial legal assistance to law enforcement in investigating or prosecuting the criminal case. Human trafficking victims may also have a unique path to legal permanent residency.

The diversity visa lottery is a government program run by USCIS that grants access to permanent residency to a limited number of applicants from certain countries that the US believes are underrepresented in the immigration process. Eligible applicants who’ve won the diversity visa lottery may adjust their status and become green card holders.

The battered spouses of United States citizens or green card holders can self-petition and adjust their status, regardless of the wishes or cooperation of their spouse who committed domestic violence.

Individuals who have been granted asylum in the US may be able to adjust their status after one year of consecutive physical presence in the country.

Contact an experienced Atlanta immigration lawyer to discuss your immigration goals today.

What if You Are Not Physically Present in the United States?

If you are not in the United States when you want to initiate the adjustment of status process, you will go through slightly different steps to apply. Still, the eligibility requirements are exactly the same. Instead of applying for your green card through the United States Citizenship and Immigration Services (USCIS) system using the AOS process, you will go through what is called the “consular process” at your nearest U.S. Consulate or Embassy. Under this process, you cannot enter the United States until your green card is issued and you have lawful permanent resident status.

What Are the Steps of the Adjustment of Status Process?

When you are applying for your green card, the first step in cases of family, employment, or humanitarian eligibility is for the person sponsoring you to file a petition with the USCIS. In some cases, you may be able to file without a sponsor, such as immigration cases involving domestic violence or qualifying crime victims. 

If USCIS approves your petition and you have a visa number available, you will file for a green card with USCIS or for a visa with the U.S. Department of State. Next, you will go to a biometrics appointment to provide your fingerprints, a photo, and your signature. 

The final step may be to go to an interview at your local USCIS office. After the interview, USCIS will decide whether to approve or deny your application. You may be able to ask that your case be reopened or reconsidered if you did not reach your desired outcome the first time.

Who Cannot File Form I-485?

The adjustment of status form can only be filed by foreign nationals who have met specific requirements and are qualified to file for lawful permanent residency. However, some individuals may be barred from filing form I-485.

You may be barred from filing an adjustment of status application if you fall under one of the following categories:

• You are a foreign immigrant and are not currently in the United States
• If you entered the nation using a C-1 or D visa (crew member and transit visa)
• If you used the United States as a means to pass through to another country
• Those who have been admitted into the country as informants or witnesses may be disqualified
• Individuals who are deportable due to their criminal activity, involvement in terrorism, or other violations of the law are likely to be barred
• Foreign nationals who entered the United States as non-immigrant fiancés but failed to marry the US citizen within the allotted time window

There are many steps in the immigration process, including ensuring that you have the right visa, that you are a qualifying prospective employee for employment-based immigration, consular processing, potential delays affecting an already long waiting period, and more. For legal assistance both in and out of Atlanta immigration court, it is strongly recommended that foreign nationals seek the legal counsel of experienced immigration attorneys. Please contact our Georgia law firm to schedule your initial consultation with our legal team today.

How Long Does It Take for an Adjustment of Status to Be Approved?

While the exact timeline for your AOS case will depend on your specific situation, the process will likely be lengthy. For example, getting approval for adjustment of status through marriage can take approximately 10–13 months if you are the spouse of a U.S. citizen. If you are the spouse of a green card holder, the process can take 29–38 months. Each local USCIS office has varying processing times. It is possible to check how long your local office might take to process your application on the USCIS website.

While it usually takes quite a while to process AOS applications, the process can be made even slower by errors or omissions in the paperwork or application. A knowledgeable and experienced adjustment of status attorney can help to ensure that all is done right the first time and that your application is processed in a timely manner. Call Sessoms Law Group, LLC today at 678-853-7402 to get started on your adjustment of status application.

Can You Apply for Adjustment of Status with Any Type of Visa?

Only certain types of visas make you eligible to apply for adjustment of status without a family connection or other extenuating circumstances. Visas that are intended to be temporary cannot be used in AOS applications because your intent in getting the visa was not to immigrate permanently to the U.S. but to remain in the country temporarily for a specific purpose. If you are unsure if your visa qualifies, contact an experienced immigration lawyer from Sessoms Law Group today to have your questions answered.

The visas that may qualify for an adjustment of status include the following:

• EB-1, EB-2, and EB-3 employment-based immigrant visas
• H-1B visas for skilled foreign workers
• K1 or K2 non-immigrant fiancé visas
• L-1 visas for intracompany transferees
• VAWA self-petitioners
• Various types of marriage visas
• And more

To understand whether you and your spouse, child, or immigrant parent qualify to immigrate from your home country to the United States and become legal permanent residents, please contact our Atlanta law firm. We proudly represent clients in various immigration issues and would happily answer your questions and concerns.

What Are the Required Forms and Supporting Documents Needed to Adjust Status? 

The adjustment of status process can be complex, often requiring the legal assistance of experienced lawyers. In addition to filing form I-485, many additional supporting documents will be required. A checklist of the required documents can help prevent omissions resulting in lengthy delays.

You may require the following documents throughout the immigration process of an adjustment of status:

• A correctly completed and filed form I-485
• If applicable, an affidavit of support, form I-864 or I-864A
• Two passport-style headshot photographs taken according to USCIS requirements
• Government-issued photo identification
• If necessary, employment authorization documents
• A copy of your birth certificate
• If necessary, a copy of a marriage certificate or divorce decree
• Form I-94, your arrival and departure record
• Copies of necessary medical exams and vaccinations
• If applicable, a copy of nonimmigrant status and supporting documents
• Copies of court or police records, if applicable to your immigration case
• Form I-797, your approval notice
• For some immigration cases, you may also require form I-601, your waiver of grounds of inadmissibility

You must not submit original documents unless USCIS specifically requests originals. Additionally, you must provide an English translation of any documents that are in a foreign language from your home country. If you attempt to immigrate with qualifying family members, those loved ones must submit their own documentation.

What Happens if United States Citizenship and Immigration Services Rejects Your Application?

After you file form I-485, the USCIS offices review your application and the supporting documents. Depending on the review, they may request additional evidence if they believe that your application is incomplete in some way. The request for evidence allows applicants to send additional supporting documents and information to USCIS to help improve their chances of approval. However, a request for evidence typically causes delays in processing. That is why including as much supporting evidence and documents as possible with your initial application is often recommended.

US immigration laws are strict. You must establish green card eligibility and follow the carefully laid out rules when applying for an adjustment of status. A failure to follow the rules or policies may result in a denial of your application.

You could reapply your application if denied, provided your visa is still valid. We must advise you to leave the country immediately if your visa has expired. It is only recommended that you remain physically present in the United States with legal immigration status. If you are in the country on an expired visa, you could be arrested and placed in removal proceedings. Those who are deported could be rendered ineligible for future immigration benefits and may even be barred from returning to the United States for a specified length of time.

Why Should You Work with Our Atlanta Immigration Lawyers? 

Our Atlanta immigration team provides several benefits and legal services to clients interested in applying for an adjustment of status.

Our immigration services include, but are not exclusive to, the following: 

• Help determine eligibility to adjust status in GA
• Assist clients in determining whether they have dual citizenship eligibility
• Help you understand the entire process, including the submission of required documentation and the necessity of conducting various interviews with multiple government agencies
• Protect your legal rights under the law, such as your right to be represented by an attorney in a federal court or the right to request asylum
• Ensure all documents are carefully filled out and filed with the proper offices. Any small errors could result in unnecessary potential delays
• Communicate on your behalf with USCIS and other relevant government entities, ensuring that your best interests are always looked after
• Provide dedicated legal counsel to clients attempting to help their family members immigrate to the United States
• And more

To learn more about the many benefits of working with our legal team, please contact our Atlanta law office to schedule your in-depth case evaluation with our staff today.

Schedule a No-Obligation Case Evaluation with Our Atlanta Immigration Law Firm Today 

While there are many benefits to becoming a green card holder and achieving lawful permanent residency in the United States, the process of adjusting status is not simple and straightforward. We represent clients going through various immigration processes, including the process of adjusting their status and becoming legal permanent residents.

Our legal team has extensive experience representing clients in immigration law from our law offices in Atlanta, Georgia. We pride ourselves on providing compassionate, communicative, and highly competent legal support to foreign nationals and their families.

To speak with an attorney about your immigration case, please contact our Atlanta law firm to schedule a no-obligation case review today.

Call us at 678-853-7402.