Getting Help With The Adjustment Of Status Process
At Ayala Law Office, P.C., we understand the challenges and opportunities facing immigrants and their families in Tucson. With 30 years of collective experience in immigration law, our attorneys are committed to helping individuals and families understand and manage the process of adjusting immigration status in the United States.
What Is An Adjustment Of Status?
The Adjustment of Status (AOS) process of the U.S. Citizenship and Immigration Services (USCIS) allows immigrants to become lawful permanent residents of the United States without having to return to their home country to complete visa processing. This process is critical for many immigrants who are already in the U.S. and wish to legally obtain a green card. At Ayala Law Office, P.C., we prioritize practical solutions that put your needs first, ensuring you understand each phase of your AOS application.
Who Is Eligible For An Adjustment Of Status?
Eligibility for an Adjustment of Status typically depends on how you entered the United States, your current immigration status and whether you fit into a specific immigrant category recognized by the USCIS. Common categories include:
- Family-based sponsorship
- Employment-sponsored immigration
- Refugee or asylum-based immigration
- Immigration for victims of human trafficking or other crimes
Our lawyers provide personalized assistance as we determine your eligibility and prepare your application. We will help find the proper paperwork needed for your immigrant category.
Benefits Of Receiving An Adjustment Of Status
Receiving an AOS can open many doors, allowing you to live and work permanently in the U.S. You will not have to leave America and try to navigate consular processing of your immigration application in your home country. It also provides the opportunity to apply for U.S. citizenship in the future, as well as the benefits that green cards confer, which include the ability to apply for Social Security and other select government benefits.
How We Can Help You With The Adjustment Of Status Process
With an attorney from Ayala Law Office, P.C., helping you, the AOS process can be less stressful and confusing. Our attorneys provide support through every phase of the process, including:
- Determining your eligibility for an Adjustment Of Status
- Obtaining and filling out the proper petition forms for your circumstances
- Filing the USCIS paperwork on your behalf
- Responding to USCIS inquiries about your application
- Ensuring you are prepared for all required interviews and appointments
- Assisting with an appeal, should your application be denied
Your application for an Adjustment of Status is too important to take risks. We aim to make sure you understand what is happening with your application and are always aware of your options.
Frequently Asked Questions About Adjustment Of Status
The adjustment of status process is both vital and complex. The answers to common questions can help you understand your rights when seeking adjustment of status.
If I overstayed my existing visa, can I adjust my status?
In some situations, you may be able to adjust your status after a visa overstay, but eligibility depends heavily on your relationship to a U.S. citizen. Immediate relatives, including a spouse, unmarried children under 21 and parents of adult U.S. citizens, are generally exempt from the usual bars that apply to overstays. This means they can remain in the United States and apply for a green card through the adjustment process, even if their authorized stay has expired.
However, most other applicants do not have this protection. For example, individuals who overstay employment-based or other temporary visas typically cannot adjust status and may be required to leave the country to continue their immigration process. Because the rules are strict and consequences significant, it is important to understand your category and seek guidance before taking action.
You can adjust your status if you are an immediate relative of a U.S. citizen. If you are in another visa category, you likely cannot. For example, if you overstay an employment visa, you may not have the option to adjust your status to rectify the situation. However, if you have married a U.S. citizen, you can then use that marriage as a path to get a green card. Your marital status may act as an exemption, allowing you to seek lawful permanent resident status.
If you are a single individual who has overstayed a visa and you are not an immediate relative of a U.S. citizen, such as a spouse, parent or child, you may be unable to adjust status. This makes it essential to act early and avoid an overstay that could limit your options.
While an adjustment of status application is pending, am I permitted to work within the United States?
Yes, you may be able to work while your status is pending, but it depends on your current visa classification and whether or not you have the correct work permit. If you are already on a work visa, like an H-1B, then you can keep working. If you are not, you must apply for an Employment Authorization Document (EAD). Once you have the work permit, you may legally work while awaiting the authorization of your green card. Once approved, you obtain permanent resident status, allowing your employment to continue.
Am I allowed to travel outside the country while my application for adjustment of status is pending?
If you have filed Form I‑485 and your adjustment of status application is still pending, you generally cannot leave the United States unless you first obtain Advance Parole by submitting Form I‑131. Advance Parole functions as a travel permit that allows you to leave the country and return without disrupting your green card process.
You must secure this document before any international trip. If you depart the U.S. without Advance Parole, USCIS will treat your departure as abandoning your adjustment application. In turn, this can lead to denial and may even prevent you from reentering the country. It is critical to plan ahead and avoid any travel that could jeopardize your immigration status.
Contact Our Tucson Immigration Attorneys For A Case Consultation
At Ayala Law Office, P.C., we fiercely advocate for you in matters involving USCIS. Our team of aggressive and determined litigators works diligently to handle all aspects of your AOS application, from initial consultation to final resolution. To schedule a consultation appointment, call our office in Tucson at 520-756-9947 or contact us online. Services in Spanish are available.