ADJUSTMENT OF STATUS
To qualify for this process you have to be petitioned by a U.S. citizen spouse or a U.S. citizen child of 21 years of age, and your last entry must be a lawful entry.
This process allows the immigrant to pursue their Lawful Permanent Resident status within the U.S., without having to return to their home country. Another great benefit of this process is that while your petition is being adjudicated, you can apply for a work permit to legally work in the U.S, obtain a driver’s license, and social security card.
o 245(i) Petition allows you to apply for Lawful Permanent Resident status while in the U.S., even if you without a lawful inspection. To qualify you must:
• have proof of an I-130 family petition by a parent or sibling before April 30, 2001;
• have proof that your parent was petitioned before April 30, 2001, and you were part of that petition;
• have proof that your spouse was petitioned before April 30, 2001, and you are legally married; or
• in some cases, have proof that the immigrant was present in the U.S. on December 21, 2000.
As with any other process, USCIS will look closely at your criminal history therefore, it is important to contact our attorney’s office to ensure that you are eligible for this type of process.
If your family member is outside the U.S. and you would like to bring them to live in the U.S., you can petition your family member through Consular Processing. You would first have to prove the relationship, and including proof that your income meets the guidelines required by immigration to be able to provide for your family member, and that the immigrant will not be a public charge.
With the new rule regarding public charge it is very important that you have an experienced attorney to prepare your case.
I-751 PETITION TO REMOVE CONDITIONS ON RESIDENCE
If you receive a 2 year conditional green card based on marriage, you must file a petition to remove the conditions to receive your 10 year green card. Our attorney will assist you in the process.