Your application will be rejected and your current visa may be revoked if you do so. Dual intent is when a foreign national is temporarily present in the U. Not all visas are dual intent. Once you have determined that you are eligible for a Green Card, you need to get your sponsor to file a Green Card petition for you. That means you need to see when a Green Card becomes available for you.
If you are an immediate relative of a U. Others will have to wait and the wait time could be months or sometimes even years. You can check visa availability online on the visa bulletin.
These are used to make requests for employment authorization documents EAD and advance parole documents respectively. The EAD allows you to work and the advance parole allows you to travel while you wait for your AOS application to be adjudicated.
If you travel outside the U. They will also send you details about your biometrics appointment — date, time, and location. At your appointment, you will have to give your fingerprints and complete an eye scan. The fingerprints are used to conduct a background check.
Once the background check is over you may or may not be requested to appear for an interview. If you have to attend an interview, remember to take all the required original documents with you. Make sure you send it to them on time. You may also be called for a follow-up interview. After the interview is complete and the USCIS has all the required supporting evidence, they will decide on your case.
They will decide to either grant or deny your application for a Green Card. The physical Green Card will follow later by mail. Your I application to adjust status may get denied for various reasons like your application being incomplete, some supporting documents missing in the application package, failure to maintain status, or seeking unauthorized employment. If your application is denied, you can re-apply.
You may also appeal the decision through the administrative process or in a federal court. USCIS may initiate removal proceedings once they deny your application and this could be the worst scenario. You can avoid all this by seeking legal counsel right at the beginning of the process to ensure that your application is complete and there are no grounds for it being rejected. We are not a law firm, and this site and our software are not a substitute for the advice of a lawyer and do not contain or constitute legal advice.
We are not affiliated with or sponsored by the United States government or any government agency. This site provides general information on some commonly encountered immigration matters only and was created to allow you to more simply navigate your completion of immigration paperwork using online software.
Customer support is for technical and billing issues only and will not answer legal questions. We do not make form recommendations or recommend or provide answers to specific questions on forms, and communications between you and us are not protected by any privilege.
File Application to Adjust Status. Intending immigrants that meet the eligibility requirements for adjustment of status, may file Form I, Application to Register Permanent Residence or Adjust Status. As mentioned above, immediate relatives may generally submit the application to USCIS at any time they meet the eligibility requirements. In fact, these are just the two primary forms.
In most cases, family-based adjustment application packages will include the following forms:. A complete adjustment of status package will also include several supporting documents as required by each USCIS form. Our affordable online immigration services make USCIS applications easier and help eliminate common mistakes that cause delays, rejections, and denials.
Download a FREE I checklist that will help you gather some of the necessary information to prepare the family-based adjustment of status application. Attend Adjustment Appointments. Receive Your Green Card. Pros and Cons of Adjustment of Status. Therefore, it's important to get it right. STEP 1. STEP 2. STEP 3. How do I start adjustment of status? How long does adjustment of status take to complete?
How must does adjustment of status cost? Can I apply for consular processing and adjustment at the same time? Can I work in the U. Can I travel abroad with a pending I application? I have an approved I How much longer until I can get a green card? I Petition for Alien Relative. I Application for Travel Document. I Adjustment of Status Application.
I Remove Conditions on Residence. I Application for Employment Authorization. I Affidavit of Support. N Application for Naturalization. N Application to Replace Citizenship Document. Apply For Citizenship N Replace Citizenship Document N Apply for Certificate of Citizenship N Citizenship Resource Center. Citizenship Cost Calculator. Green Card. Renew a Green Card I Replace a Green Card I Remove Conditions on Green Card I Get a Reentry Permit I Green Card Center.
Adjustment of Status. Green Card through Adjustment of Status. Adjustment of Status Application I Affidavit of Support I Employment Authorization I Advance Parole Application I Adjustment of Status Fee. Family-Based Immigration Explainer. K-1 visa holders who want to apply for a green card must submit Form I like everyone else. If you have been living in the U.
The only additional document that you must submit with your Form I is a document showing that you were granted asylum, such as a USCIS approval notice or an immigration judge order. Likewise, if you were admitted to the U. If you are a victim of human trafficking, you must have T nonimmigrant status and documentation that you have resided in the U.
You also must provide proof that adjustment of status is warranted as a matter of discretion and that you have good moral character. Finally, you must have documents showing that either you assisted in the investigation or prosecution of human traffickers, were under the age of 18 at the time the crimes occurred, or would suffer extreme hardship involving unusual and severe harm if removed from the U.
If you are a victim of some crimes or abusive situations and hold U nonimmigrant status, you can apply for a green card if you have documentation that you have been living in the U. Like victims of human trafficking, you also must show proof that you assisted law enforcement agencies in the investigation and prosecution of these crimes.
Finally, you also must prove that adjustment of status is warranted as a matter of discretion in your cases. There are some exemptions to paying this fee for some categories of immigrants. If you stay in the U. Various factors determine whether a visa overstay can negatively affect your ability to get a green card. Overstaying your visa by days or more can result in you being unable to reenter the U.
Overstaying your visa by one year or more can stop you from reentering the U. These situations can make it extremely difficult for you to get a green card. If you are an immediate relative of a U. Your U. As an immediate relative of a U. Other relatives, however, who fall within the family preference instead of the immediate relative category and who have overstayed their visas are likely to have a hard time getting green cards.
These people include non-immediate relatives, such as children over the age of 21 and siblings of U. If you are legally present in the U.
Engaging in unauthorized employment can cause difficulties for you if you later want to get a green card and remain in the U.
Even if you have work authorization while in the U. Fortunately, there are some exceptions to these general rules. These bars to getting a green card do not apply to immediate relatives of U. You still may be able to get a green card if you are a member of any of the following categories:. Section k also allows some people to get green cards, even after unauthorized U.
If you fall within some specific categories, lawfully entered the U. These categories of people who may be eligible for adjustment of status under Section k include religious workers and those who qualify as EB-1, EB-2, and EB-3 workers. You must meet several criteria to qualify as a religious worker, including being a member of a religion that has had a non-profit religious organization in the U. You also must have been working in a similar position with that religion for at least two years before applying.
EB-1 workers include aliens of extraordinary ability, outstanding professors and researchers, and some multinational managers and executives. EB-2 workers are those who work in professions that require advanced degrees or who have exceptional ability.
Finally, EB-3 workers include skilled workers, professionals, and some other workers.
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