Adjustment
Your Guide to Immigration Status Adjustment in Ogden, Utah
Navigating immigration law can be complex, especially when seeking to adjust your immigration status in the United States. At Richards & Richards Law Firm in Ogden, Utah, our seasoned adjustment of status lawyers are committed to providing personalized and thorough legal services. Our experienced attorneys can walk you through everything you need to know about the process, from filing the right forms to knowing how long it should take.
What Is an Immigration Status Adjustment?
An immigration status adjustment is a process that allows individuals already residing in the U.S. to change their status from non-immigrant to lawful permanent resident (green card holder). Instead of traveling to your home country to apply at a U.S. consulate, you can complete the process within the U.S., making it more convenient. This process is available to eligible individuals under specific categories, such as family-based sponsorship, employment, or humanitarian grounds.
What Are the Adjustment of Status Requirements?
To qualify for an adjustment of status, you must meet specific requirements under U.S. Citizenship and Immigration Services (USCIS) guidelines. Certain categories, such as those for refugees, victims of abuse, or asylees, may have additional specific requirements. Some of the requirements for adjusting your immigration status include:
- You must have entered the U.S. lawfully, either through a visa or waiver program.
- A qualifying immigrant petition (e.g., Form I-130) must be approved or filed simultaneously with Form I-485.
- You must have a current visa number available.
How to Determine Your Eligibility for Adjustment of Status
It’s crucial to consult an experienced adjustment of status lawyer to correctly interpret eligibility rules and explore all available options. Eligibility largely depends on factors such as the immigration category and the applicant’s personal circumstances. Common eligibility paths include:
This applies to spouses, children under 21, or parents of U.S. citizens.
Individuals whose employers have sponsored them for permanent residency.
These may require waivers or additional forms.
Reasons for Adjusting Your Status
Seeking a green card offers several advantages that make an adjustment of status highly desirable. These benefits include access to work authorization, Social Security benefits, and eventual eligibility for U.S. citizenship. Reasons may include:
- Permanently residing with family members in the U.S.
- Advancing a professional career through employment-based green card categories.
- Pursuing safety under humanitarian protection, such as refugee or asylee status.
Understanding the Adjustment of Status Process
Ensuring that each step is handled accurately is crucial to avoid delays, rejections, or complications in the process. The application for an adjustment of status process involves several important steps, each requiring careful attention to detail, thorough documentation, and adherence to specific deadlines. Taking the time to prepare properly can significantly improve your chances of a smooth and successful outcome. The steps of the process include:
- Filing the necessary forms: Submit Form I-485, Application to Adjust Status, along with supporting documents.
- Completing a medical exam: Have a qualified civil surgeon complete Form I-693.
- A biometrics appointment: Visit a USCIS office to provide fingerprints, photographs, and signatures.
- Attending an interview: Answer questions to verify the details in your application.
- Receiving the USCIS decision: The outcome will confirm if the green card has been approved.
How Long Does Adjustment of Status Take?
Processing times for adjustment of status applications can vary widely depending on visa category, location, and USCIS workload. The processing of Form I-485 takes more than a year in most field offices and service centers. While waiting for approval, you may be eligible for a work permit (EAD) or travel permit (advance parole), allowing you to continue your activities legally in the U.S.
How to Get a Green Card in Utah
Whether you are in Utah or any other state, the steps to obtain a green card remain consistent. After determining your eligibility and filing the appropriate forms, what sets this process apart in Utah is the accessibility of our legal expertise. Utah residents can count on Richards & Richards Law Firm for guidance on local and federal law nuances.
Green Card for Immediate Relatives of U.S. Citizens
Immediate relatives of U.S. citizens benefit from a simplified immigration process without numerical visa limits. This category includes spouses of U.S. citizens, unmarried children under 21, and parents of U.S. citizens who are at least 21 years old. These relationships qualify for priority processing, making it easier and faster for families to reunite and establish their lives together in the United States.
Green Card for Family Preference Immigrants
Relatives who fall outside the immediate family categories are classified under family preference immigration. For these categories, applicants must wait for a visa to become available under annual quotas. Preferences are given in the following order:
- First preference (F1): Unmarried adult children of U.S. citizens.
- Second preference (F2A): Spouses and unmarried minor children of lawful permanent residents.
- Second preference (F2B): Unmarried adult children of lawful permanent residents.
- Third and Fourth preferences: Married children or siblings of U.S. citizens, respectively.
The Benefits of Using a Lawyer When Adjusting Your Status
Adjusting your status to permanent residency is a legally intricate process. Here’s why working with an experienced immigration lawyer is invaluable:
- Documentation accuracy: Lawyers ensure all necessary forms are completed thoroughly to avoid costly mistakes.
- Meeting deadlines: Missing deadlines can prolong or derail your case, but a lawyer keeps everything on track.
- Eligibility guidance: A lawyer evaluates your eligibility and outlines the best path to success.
- Court support: Your lawyer can represent you during appeals or if complications arise during USCIS procedures.
How Much Do Lawyers Charge to File an I-130?
Fees for filing an I-130 (Petition for Alien Relative) vary depending on several factors, including the complexity of your case and the experience of the law firm. At Richards & Richards Law Firm, we offer competitive flat fees and flexible payment plans to make expert immigration services accessible. The government’s fee for filing Form I-130 is over $600, and additional fees apply for filing Form I-485 and medical exams.
Schedule an Adjustment of Status Consultation Today!
Achieving lawful permanent residency in the U.S. through an adjustment of status can transform your life. Working with Richards & Richards Law Firm in Ogden, Utah, ensures a smooth, stress-free process tailored to your unique situation. Contact us today to schedule a consultation with an experienced adjustment of status lawyer and start your path to permanent residency.