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Adjustment of Status
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Can individuals with a visitor visa apply for Adjustment of Status?
In general, individuals on a visitor visa cannot adjust status unless they qualify under specific circumstances, such as through immediate family relationships or asylum.
Can asylum seekers apply for Adjustment of Status?
Yes, asylum seekers who have been granted asylum can apply for Adjustment of Status one year after being granted asylum, using Form I-485.
Who is eligible for Adjustment of Status?
Eligibility for Adjustment of Status generally requires an individual to have an immigrant visa immediately available and to meet certain criteria such as being in the U.S. on a lawful status. Certain family members, employment-based applicants, and special immigrants can apply.
Which form is used to apply for Adjustment of Status?
Form I-485, Application to Register Permanent Residence or Adjust Status, is used to apply for Adjustment of Status.
What is the role of USCIS in Adjustment of Status?
The United States Citizenship and Immigration Services (USCIS) is the government agency that adjudicates Adjustment of Status applications.
What happens if an Adjustment of Status application is denied?
If an Adjustment of Status application is denied, the applicant may be at risk of deportation, but they may have options such as filing a motion to reopen or reconsider the case, or pursuing other forms of relief.
What is Adjustment of Status?
Adjustment of Status is the process by which an eligible individual already in the United States can obtain permanent resident status (a green card) without having to return to their home country to complete visa processing.
Is employment authorized while an Adjustment of Status application is pending?
Yes, applicants can apply for employment authorization while their Adjustment of Status application is pending. They must file Form I-765 (Application for Employment Authorization) to do so.
Can one travel outside the United States while an Adjustment of Status application is pending?
Yes, but the applicant must obtain Advance Parole by filing Form I-131 (Application for Travel Document) before traveling to avoid abandoning their Adjustment of Status application.
How long does the Adjustment of Status process generally take?
The timing varies widely based on the applicant's specific circumstances, visa category, and USCIS workload, but it can take anywhere from several months to several years.
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