The immigration process is hectic, and that needs proper knowledge, eligibility, and criteria.
However, temporary immigrants are quite easier than permanent immigrants. There is a chance that you will get permanent immigration through the help of the Adjustment Of Status.
This is a pure U.S process of immigration granted by the United States Citizenship and Immigration Services (USCIS).
The process of Adjustment Of Status through marriage is complex to adjust or convert your non-immigrant or temporary living status to permanent resident status in the United States. In that case, you will need to be already present in the U.S, so there is no need to return to your current home country to file immigration.
However, if you are not present in the U.S, you will need to apply for a visa through consular processing.
It’s hard to get a green card without meeting the criteria of the Adjustment Of Status. It is not just about your fitting in the place but also involves other criteria, and you should not have a bar on the adjustment.
Eligibility Criteria For The Adjustment Of Status
Here we are going to get through the discussion and involvement of various criteria that you need to maintain in order to be qualified for the Adjustment Of Status. You can also search for adjustment of status through marriage to get better advice on your permanent immigration issues.
Let’s find out the key eligibility criteria related to the protocols underneath the Adjustment Of Status.
1. Applicant Must Be Present In The U.S. Physically
If you want to get the adjustment done, you will need to be present in the United States already. If you are not there currently, you will not be able to apply for it directly. In that case, you can go through the consulate abroad for immigrant visa processing.
2. Immigration Forms Need To Be Approved
In order to be approved with the immigration adjustment, you will need to follow various other important forms of immigration.
Among those, and according to your purpose, Form I-130 and Form I-140 will be necessary. Form I-130 will depict the proof of relationship, whereas Form I-140 will ensure the employment status is the state.
On the other hand, you will need to be approved with Form I-485. This is the main immigration form that you need to take care of. The applicant will also need to focus on immigrant visas that are limited to an annual quota.
3. No Illegal Intruder Is Allowed
The USCIS thinks of you as an already inspected person within the borders. Therefore they will crosscheck your lawful admission to the country. For instance, the officer may ask you to show a valid passport with the stamp of Immigration and Naturalization. As per the rule, you also need to show the I-94 form.
4. No Change In Circumstances
Make sure that there are no critical circumstances changed so far. With the crucial change in circumstances, it may affect the adjustment status. The change in circumstances may include:
- Family-Based Situations.
- Marriage-based situations.
- Employment-based situations.
5. Statutory Bars
Apart from the above-listed criteria, there are some important statutory bars that may refrain you from getting a green card.
For instance, if you are involved with unauthorized employment, you will not get the chance for permanent immigration. On the other hand, unlawful marital status is a bar to the adjustment process.
Moreover, failure to maintain the status can be involved with technical violations. Other problems can also involve the J and K visas.
On the other hand, if you are convicted of public charges, you might face a delay or denial to get the adjustment status. If you have entered with a visa waiver in the United States, you might not get the facilities of adjustment.
Crewmembers with D visas will not be qualified for the adjustment status. In addition, Transit without a visa may appear to be a bar from adjustment.
The Adjustment Of Status Is Mandatory For Permanent Immigration
You need to make sure that you have applied and approved by adjustment of status through marriage to get a permanent settlement in the United States. There is no other way to get and stay on the continent permanently.
Follow the above-mentioned instances and situations to make sure that you have been approved for the adjustment of status.