Adjustment of Status
Let Our Denver Deportation Defense Lawyer Help
If you received a notice of removal, you might be feeling distressed or terrified. However, you may still be able to remain in the United States despite the reason for your impending deportation. One of the ways a deportation defense lawyer might help is to assist you in filing an adjustment of status. Adjustment of status permits the change of a person’s immigration status while in the United States from a nonimmigrant or parolee to an immigrant status if the individual was inspected and admitted or paroled into the country and meets all the required qualifications for a green card.
How Adjustment Works
Before you begin this process, you must determine whether you fit into a particular immigrant category. Most immigrants become eligible for a green card through a petition filed on their behalf by family members or employers. Once this is determined, you must have one of these petitions filed for you. The different types of petitions are as follows:
- Family based (Form I-130: Petition for an Alien Relative)
- Employment based (Form I-140: Petition for an Alien Worker, or Form I-526: Immigrant Petition by Alien Entrepreneur)
- Special classes of immigrants (Form I-360: Petition for Amerasian, Widow(er), and Special Immigrant)
- Humanitarian programs
Depending on the category, you may also be eligible to have the petition filed at the same time that you submit Form I-485: Application to Register Permanent Residence or Adjust Status. This process is called concurrent filing. Immediate relatives of a U.S. citizen and other individuals who have a visa immediately available may be able to file concurrently. However, most categories require that you establish your eligibility for the immigrant category first before you are allowed to submit the form.
You can’t file Form I-485 until a visa is available in your category. If one is available, you may be able to apply for permanent residence status on the form. Make sure you include everything the application asks for. Otherwise, your application may be denied.
After filing, you will be asked to appear at an Application Support Center for biometrics collection, which will usually involve taking your photo, signature, and fingerprint. You may also be asked to attend an interview at a USCIS office to answer questions under oath. The USCIS will notify you of their decision in the mail.
Appealing a Denial
If your application is denied, the notice will inform you of your appeal rights. Not every decision can be appealed, but for those that can, you must file an application within 30 days of the service of the decision. You also have to file a Motion to Reopen or Reconsider. This process will be much easier with the assistance of an excellent Denver deportation defense attorney.
If you would like to present your best case to the court, call Musell Law for help. Our highly rated founding attorney, Brian Musell has spent his career defending people’s rights and freedoms in court and fighting for social justice. Not only does he have proven experience and results, but he is nationally recognized for his legal skill and ability—he was rated a Top 100 Trial Attorney in America by the National Trial Lawyers since 2014. You can trust him to advocate on your behalf.