Category: USCIS

What is Adjustment of Status?

Adjustment of Status Through Marriage: A Path to Permanent Residency, by Immigration Attorney Ammar Alo.

Disclaimer: This is not legal advice, only informational.

Adjustment of status is a crucial aspect of U.S. immigration law. It allows foreign nationals who are married to U.S. citizens or lawful permanent residents (green card holders) to apply for permanent residency within the United States. This process enables them to live and work legally in the country.

Eligibility Criteria

To be eligible for adjustment of status through marriage, you must meet certain criteria:

  1. Marriage to a U.S. Citizen: If you are married to a U.S. citizen, you can apply for adjustment of status even if you are out of legal status, as long as you entered the US Legally.
  2. Marriage to a Permanent Resident: If your spouse is a permanent resident, you must wait for I-130 approval before proceeding. There is an annual limit on green cards for spouses of permanent residents, so there will be a waiting period, and you must maintain a legal status.

Main Steps in the Process

  1. Form I-130 Petition: The U.S. citizen or permanent resident spouse must submit Form I-130 (Petition for Alien Relative) along with the I-130A Supplemental Information form. If the petitioner is a permanent resident, I-130 approval is necessary before moving forward.
  2. Form I-485 Application: Submit Form I-485 (Application to Register Permanent Residence or Adjust Status) along with other required forms and documents. Attend a biometrics appointment for fingerprint collection.
  3. Form I-765: Submit Form I-765 (Application for Work Authorization) along with your applications.
  4. USCIS Interview: Attend an interview at a USCIS office. Be prepared to answer questions about your marriage and provide evidence of its legitimacy.

Processing Times and Delays

  • Spouse of a U.S. Citizen: Processing times range from 10 to 23 months.
  • Spouse of a Permanent Resident: Longer processing times (36 to 48 months) due to annual limits on green cards.

Conclusion

Adjustment of status through marriage offers a pathway to permanent residency for foreign spouses. While the process can be complex, seeking legal guidance ensures a smoother journey toward living your American dream.


Remember to consult an attorney for personalized advice. Good luck on your immigration journey! 

Latest News in US Immigration Developments

4/19/2024

  1. Recent Developments in U.S. Immigration Laws. Visa Fees for International Artists Surge:
    • In April, the United States Citizenship and Immigration Services (USCIS) implemented a 250% increase in visa fees for international artists touring in the U.S. This move has raised concerns among performers and event organizers, potentially impacting cultural exchange and artistic collaborations.
  2. EB-5 Investor Visa: Balancing Legal Requirements and Financial Commitments
    • Aspiring immigrants considering the EB-5 investor visa face both legal requirements and financial commitments. Navigating this program involves understanding the intricacies of investment thresholds, job creation, and the path to permanent residency in the United States.
  3. Mental Health of Immigrants at the Texas Border
    • Germán A. Cadenas, an expert in immigration and mental health, recently visited the Texas border. His insights shed light on the well-being of immigrants facing challenging circumstances as they seek safety and opportunity in the U.S.
  4. U.S. and China Collaborate on Deportations
    • High-level talks between the U.S. and China aim to address the rising number of Chinese nationals crossing the U.S.-Mexico border without authorization. The negotiations come as the figure surged to 24,000—an elevenfold increase from the previous year.
  5. Legal Battles and Advocacy
    • Detention Lawsuit: A company assisting immigrants in detention was ordered to pay over $811 million in a lawsuit alleging deceptive tactics.
    • ICE Solitary Confinement: Immigration officials are urged to end the misuse of solitary confinement, which violates international norms.
    • Michigan Lawmaker’s Controversial Remark: A Michigan GOP lawmaker falsely labeled March Madness athletes as “illegal invaders” on social media.
    • Haitian Migrants: Advocates express outrage over the treatment of Haitian migrants, but the Biden administration has no immediate plans to change its approach.
    • Abortion Laws and Sexual Violence: Migrant women raped before crossing the border grapple with restrictive U.S. abortion laws.

Conclusion

The landscape of U.S. immigration remains dynamic, with policy changes, legal battles, and human stories intersecting. As the nation navigates these complexities, it is essential to balance security, compassion, and justice.

Canton, MI Immigration Lawyer

Top Rated Michigan Immigration Attorney

Ammar Alo is a top rated Immigration Attorney with an office in Canton, Michigan.

Alo Legal LLC is a boutique US based law firm that provides U.S. Immigration Law services. We cater to our client’s needs.

No matter where you are located, around the corner, anywhere in the US or abroad, we can help you. Our convenient local offices are inviting, and accessible. We also offer our services virtually through video meetings and electronic documents. We go out of our way to make sure that you feel comfortable and prepared for whatever immigration situation you may be facing.

We don’t cut corners and give our clients the run around. We put you first!

If you are looking for information or an attorney for:

  • Immigration Services
  • Permanent Residence
  • Green Cards
  • Family Sponsorship
  • Permanent Residence
  • NVC Processing
  • Immigrant Visas

What is the 30-60-90 day rule for immigration (USCIS)?

After an interesting debate this week, between immigration attorneys on Facebook, I’ve learned that I am a lot more risk-averse than others.

This stems from a question an attorney posted, asking whether it is a good idea to file for Adjustment of Status (Permanent Residence) for parents of a US citizen who arrived in the US as visitors. The problem is not the filing, but the timing of the filing. These clients wanted to file a week after their arrival in the US.

The issue here is whether a USCIS officer deciding their case will assume they had “Immigrant Intent” when they came in as “Visitors”, and whether the officer can charge them with “fraud or misrepresentation”.

For the last 15 years of practice, I have always abided by “30/60/90 day rule”. In essence, we don’t file any Permanent Residence applications within 90 days of a visitor’s arrival in the US, unless there is a VERY good reason, ex. expiring status. This is what most immigration attorneys did.

If a USCIS officer finds “Fraud or Misrepresentation”, the person applying could be permanently barred from entering the US again.

Why risk a finding like this? Why not wait? Why try to fight USCIS, when you could have just waited a few weeks? I believe you are doing clients a disservice when you don’t advise them to wait. Isn’t that our job as attorneys, to give the best advice?

Many of those arguing for not waiting the 90 days cite a case “Matter of Cavazos” from 1980, where the BIA decided that notwithstanding preconceived intent, adjustment of status should ordinarily be granted for immediate relatives absent other negative factors.

While this is true, a USCIS officer could find other “negative factors” when they grill your client at their interview.

My advice to young immigration attorneys out there, wait the 90 days, and don’t get pushed around by eager clients. If they don’t want to wait, and you still take on the case, make it clear in your agreements that they have been advised of the risk, and that you are not responsible if it all goes wrong.