ADJUSTMENT OF STATUS (Green Card)

Adjustment of status will allow eligible non-U.S. citizens to apply for a Lawful Permanent Residence (Green card) within the U.S. To be eligible to apply for a green card, the non-U.S. citizen must be present in the U.S., have an approved underlying petition or status and have a lawful entry (with a few exceptions).

Our office offers services for:

Family based Adjustment Applications

Here, a U.S. citizen petitions for a qualifying non-U.S. relative, and the non-U.S. relative applies for a green card based on the pending or approved petition. The most common example is a U.S. citizen petitioning for their non-U.S. citizen spouse. The validity period of the green card depends on the length of the couple’s marriage at the time the green card application is approved. 

There are unfortunate situations where the U.S. citizen spouse dies before the green card application is approved. In this situation, we work with the surviving spouse to change the underlying petition into a widower petition and still proceed with the green card application. 

A U.S. citizen parent can also petition for their non-U.S. citizen child and vice versa. In the instance of a parent petitioning for the child, the age and marital status of the child are vital as they determine when the child can get their green card. This is true even if the child will be applying for an immigrant visa at a U.S. embassy abroad.

It also important to note that the U.S. citizen child can only file for their parent after they turn 21 years old.

Notice of Intent to Deny (NOID)

In some situations, USCIS will doubt a relationship between the U.S. citizen petitioner and the beneficiary. In these situations, USCIS will issue a NOID for the pending I-130 petition. The notice details the grounds on which USCIS intends to deny the application. Before denying the application, the U.S. citizen petitioner is given an opportunity to explain or overcome the denial by demonstrating that they are eligible for the requested benefit. Our office will work will you to rebut USCIS’s NOID.

Fiancés with K visas

Aliens who were admitted under the K-1 category for fiancés or K-2 category for children of the fiancé of a U.S. citizen can apply for a green card after the fiancé marries the U.S. citizen. If the non-U.S. citizen marries a petitioner other than the one who filed the K-1 petition, the non-U.S. citizen is barred from adjustment of status. However, there may be other options available to them.

Two year vs. Ten year green card

Certain stepchildren and spouses of U.S. citizen will be granted a two (2) year green card instead of a ten (10) year green card. This will happen if the couple has been married for less than two years at the time the green card is issued. This is called a conditional green card. In this situation, the green card holder must apply to remove conditions on their green card (10-year green card) before the conditional (2 year) green card expires. The applicant can apply three months before the green card expires.

You can apply for remove conditions on your green card even if your U.S. citizen spouse dies or your marriage ends in divorce.

Asylee and Refugee Adjustment Applications

Individuals who were granted asylee or refugee status can apply for a green card based on their asylee or refugee status. Asylees and Refugees do not require an underlying petition to apply for their green card.

The timing of filing a green card application based on asylee status is important because the asylee must have one-year physical presence in the U.S. at the time the green card application is adjudicated. You should speak with your immigration attorney regarding the best time to file the green card to avoid a denial of your application.