The United States offers numerous pathways for foreign nationals to visit, work, and live within its borders. Many individuals initially arrive on a non-immigrant visa, which grants them a temporary stay for a specific purpose. This could be tourism, business, or education. Understanding life circumstances can change, and you may find yourself wishing to transition from a temporary visitor to a lawful permanent resident. This transition is known as an “Adjustment of Status.”

The process of adjusting your immigration status can be intricate and involves meeting strict eligibility requirements set forth by U.S. Citizenship and Immigration Services (USCIS). Understanding your options and the necessary steps is the first move toward achieving your goal of permanent residency. This guide will provide a clear overview of the Adjustment of Status process, including common pathways and why seeking professional legal guidance is crucial for a successful outcome. At Hall Trial Lawyers, our dedicated legal team has the knowledge and experience necessary to guide you through this complex journey.

What is an Adjustment of Status?

An Adjustment of Status (AOS) is the legal process by which an eligible individual who is already physically present in the United States on a temporary visa for foreign visitors can apply for lawful permanent resident status (a Green Card) without having to return to their home country to complete visa processing.

This is a significant advantage, as it allows applicants to remain in the U.S. with their families or employers while their application is being reviewed. The alternative, known as consular processing, requires applicants to attend an interview at a U.S. embassy or consulate abroad, which can be a lengthy and disruptive process.

To be eligible for AOS, an applicant must generally meet several key criteria:

• You must be physically present in the United States.
• You must have made a lawful entry into the U.S. with a valid non-immigrant visa.
• An immigrant visa must be immediately available to you at the time you file your application.
• You must be admissible to the United States for lawful permanent residence or be eligible for a waiver of inadmissibility.

The path to eligibility often depends on having a valid basis for a Green Card, which typically involves sponsorship from a family member or an employer.

Common Pathways for Immigration Status Adjustment

There are several routes through which a foreign national can apply to adjust their status. While each path has unique requirements, they all ultimately lead to the same goal: obtaining a Green Card.

Family-Based Adjustment of Status

One of the most common methods for adjusting status is through a family relationship with a U.S. citizen or lawful permanent resident. If you entered the U.S. legally and subsequently marry a U.S. citizen, your spouse can file a petition on your behalf.

• Spouses of U.S. Citizens: If you are the spouse of a U.S. citizen, you are considered an “immediate relative.” This is a highly favorable category because there are no annual limits on the number of visas available. This means you can typically file your sponsorship petition (Form I-130) and your Adjustment of Status application (Form I-485) at the same time. A process known as concurrent filing.
• Other Family Members: Other family relationships, such as being the unmarried child of a U.S. citizen or the spouse of a lawful permanent resident, also provide a basis for sponsorship. However, these categories are subject to annual visa limits and preference categories. This can result in waiting periods before a visa becomes available.

Employment-Based Adjustment of Status

Another significant pathway is through employment sponsorship. If a U.S. employer is willing to sponsor you for a permanent position, they can initiate the process. This often involves multiple steps.

First, the employer must typically obtain a PERM Labor Certification from the U.S. Department of Labor. This certification confirms that there are no qualified, willing, and able U.S. workers available for the position offered to you. Once the labor certification is approved, the employer can file an immigrant petition (Form I-140) on your behalf. After the I-140 is approved and a visa number is available for your category, you can file your Form I-485 to adjust your status.

Self-Sponsorship Options

In certain, limited circumstances, highly accomplished individuals may be able to self-sponsor for a Green Card without needing an employer. These categories are reserved for those who can demonstrate exceptional abilities or whose work is of great importance to the United States.

• National Interest Waiver (NIW): This option is available to individuals with an advanced degree or exceptional ability in the sciences, arts, or business. Applicants must prove that their work is of substantial merit and national importance. And be beneficial to the U.S. to waive the standard job offer and labor certification requirements.
• Extraordinary Ability (EB-1A): This category is for individuals who have sustained national or international acclaim in their field. Often referred to as the “genius” visa. That requires extensive documentation to prove you are at the very top of your profession. This could be evidence of major awards, publications, or other recognitions.

The Importance of a Qualified Immigration Attorney

Navigating the Adjustment of Status process is a complex undertaking. The application forms are detailed, the required documentation is extensive. A single mistake can lead to significant delays or even a denial of your application. This is why having a staunch legal advocate on your side can be invaluable.

A qualified South Carolina immigration attorney can provide essential support in several ways:

• Assessing Eligibility: An attorney can thoroughly review your case to confirm you meet all the eligibility criteria for an immigration status adjustment.
• Preparing Your Application: They will ensure all forms are completed accurately and that all necessary supporting evidence is collected and organized correctly.
• Navigating Complexities: If issues arise, such as questions of admissibility or requests for additional evidence from USCIS, your attorney will know how to respond effectively.
• Providing Peace of Mind: Knowing that an experienced professional is managing your case can alleviate much of the stress and uncertainty associated with the immigration process.

Partner with a Trusted South Carolina Immigration Attorney

At Hall Trial Lawyers, our dedicated legal team understands the life-changing importance of securing permanent residence in the United States. Knowledge, experience, and dedication are necessary to help our clients navigate every step of the Adjustment of Status process. Whether you are seeking a family-based Green Card or pursuing an employment-sponsored path, our immigration attorney in Greenville is here.

Do not risk your future by attempting to handle this complex legal matter alone. Due to the high stakes and intricate rules, it is critical that you reach out to a professional. Take the next step toward securing your future in the United States. Contact Hall Trial Lawyers today to schedule a consultation. 

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