Adjustment of Status

REQUIREMENTS FOR ADJUSTMENT OF IMMIGRATION STATUS IN THE UNITED STATES:

Qualifying Family Relationships

A “close relative” is defined as:
The spouse of a U.S. citizen,
The parent of a U.S. citizen child aged 21 or older,
The unmarried child under 21 years of age of a U.S. citizen parent.
Applicants must provide evidence of this familial relationship when applying.

Entry and Legal Status Requirements
To adjust their status, applicants must meet specific entry and legal status criteria:

They should have entered the U.S. legally, typically on a nonimmigrant visa or border crossing card.
They must demonstrate legal entry into the U.S., which involves submitting copies of all entry documents.
If the applicant entered the U.S. without inspection or has since fallen out of legal status, they might still be eligible under Section 245(i) if they meet certain conditions.

Section 245(i) Adjustment

Section 245(i) offers a path for those who wouldn’t normally qualify to adjust their status. To be eligible:

The applicant must have had an application (like an I-130 family petition or an I-140 labor certification) filed on their behalf before April 30, 2001.
They must have been physically present in the U.S. on December 21, 2000, if the application was filed between January 14, 1998, and April 30, 2001.
Applicants under 245(i) are required to pay an additional $1,000 fee.

Additional Requirements

Medical Examination: Applicants must undergo a medical examination performed by a USCIS-authorized civil surgeon.
Financial Support Evidence: Proof of income is required to ensure the applicant won’t need public assistance. If the petitioner’s income is insufficient, a co-sponsor may be necessary.

Application Costs

The fee for the family application is $535.
The adjustment request fee is $1,225.

Ineligibility Factors

Applicants who have been outside the U.S. for over a year, re-entered illegally, or have certain criminal convictions (related to controlled substances or crimes involving moral turpitude) are typically ineligible.

Waivers may be available in some circumstances, such as after a 10-year absence from the U.S.

Understanding these guidelines is crucial for a successful adjustment of status application. It’s recommended to seek professional legal assistance to navigate this complex process.

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Why Choose Alcock and Associates for Your Family Petition Case

REQUIREMENTS FOR ADJUSTMENT OF IMMIGRATION STATUS IN THE UNITED STATES:

Qualifying Family Relationships

Section 245(i) Adjustment

Additional Requirements

Application Costs

Ineligibility Factors

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