What is Adjustment of Status and Form I-485?
The immigration law allows an intending immigrant to apply for permanent residency while already present in the United States provided that an immigrant visa is available. This is called Adjustment of Status and is a substitute for what is supposed to be the normal procedure of applying for an available immigrant visa outside of the United States at a U.S. consulate.
An immigration visa may become available based on a diversity visa selection, an employment based category approval, or based on an approved family relationship based on an I-130 petition. If anyone of these applies, an intending immigrant alien may adjust status using the I-485 application while present in the United States provided there are no bars to admission. A bar to admission could be based on criminal grounds, health grounds, or a prior unlawful presence. In some cases, a waiver of admissibility may be available. But this is not covered here and a New York immigration attorney should be consulted regarding bars to admission and waivers.
An immigrant visa based on a diversity visa selection is one that allows for adjustment of status. The Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants,” from countries with historically low rates of immigration to the United States through a lottery system. If an alien foreign national is selected by the diversity lottery, he or she may adjust status using the I-485 application if already legally present in the United States.
An immigrant visa can also become available based on employment if the alien qualifies under an employment based category after petitioning with form I-140 and in most cases, labor certification is obtained. There are multiple employment based categories that an alien foreign national may qualify for to have an immigrant visa become available. But this is not covered here and a New York immigration attorney should be contacted.
An immigrant visa based on a family relationship is available to immediate relatives of U.S. citizens right away provided the relationship is established after approval of petition for alien relative, I-130. Because an immigrant visa is available right away to immediate relatives, an I-130 petition may be filed simultaneously with the I-485 adjustment of status application for the immediate relatives of U.S. citizens. Immediate relatives of U.S. citizens are a spouse, unmarried child under the age of 21, and a parent. For parents, the U.S. Citizen must be over the age of 21. Unmarried Stepchildren under 21 qualify as immediate relatives so long as the marriage to the biological parent of the stepchild took place before the stepchild turned age 18.
An immigration visa may also become available based on a relationship to a legal permanent resident which is limited to a spouse and an unmarried child under age 21.
All of these relationships have to be proven with the appropriate documentation such as birth certificates, and marriage certificates among other things. A New York immigration lawyer should be contacted about what documents will provide sufficient proof.
Christopher Tompkins is a New York City Immigration Attorney that has been handling Citizenship and Green Card Matters for over 20 years in New York City for residents of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Contact him at 212 962-5363. Email him at: [email protected].
Visit the Office on Facebook at www.facebook.com/NewYorkCityImmigrationLawyer
The immigration law allows an intending immigrant to apply for permanent residency while already present in the United States provided that an immigrant visa is available. This is called Adjustment of Status and is a substitute for what is supposed to be the normal procedure of applying for an available immigrant visa outside of the United States at a U.S. consulate.
An immigration visa may become available based on a diversity visa selection, an employment based category approval, or based on an approved family relationship based on an I-130 petition. If anyone of these applies, an intending immigrant alien may adjust status using the I-485 application while present in the United States provided there are no bars to admission. A bar to admission could be based on criminal grounds, health grounds, or a prior unlawful presence. In some cases, a waiver of admissibility may be available. But this is not covered here and a New York immigration attorney should be consulted regarding bars to admission and waivers.
An immigrant visa based on a diversity visa selection is one that allows for adjustment of status. The Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants,” from countries with historically low rates of immigration to the United States through a lottery system. If an alien foreign national is selected by the diversity lottery, he or she may adjust status using the I-485 application if already legally present in the United States.
An immigrant visa can also become available based on employment if the alien qualifies under an employment based category after petitioning with form I-140 and in most cases, labor certification is obtained. There are multiple employment based categories that an alien foreign national may qualify for to have an immigrant visa become available. But this is not covered here and a New York immigration attorney should be contacted.
An immigrant visa based on a family relationship is available to immediate relatives of U.S. citizens right away provided the relationship is established after approval of petition for alien relative, I-130. Because an immigrant visa is available right away to immediate relatives, an I-130 petition may be filed simultaneously with the I-485 adjustment of status application for the immediate relatives of U.S. citizens. Immediate relatives of U.S. citizens are a spouse, unmarried child under the age of 21, and a parent. For parents, the U.S. Citizen must be over the age of 21. Unmarried Stepchildren under 21 qualify as immediate relatives so long as the marriage to the biological parent of the stepchild took place before the stepchild turned age 18.
An immigration visa may also become available based on a relationship to a legal permanent resident which is limited to a spouse and an unmarried child under age 21.
All of these relationships have to be proven with the appropriate documentation such as birth certificates, and marriage certificates among other things. A New York immigration lawyer should be contacted about what documents will provide sufficient proof.
Christopher Tompkins is a New York City Immigration Attorney that has been handling Citizenship and Green Card Matters for over 20 years in New York City for residents of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Contact him at 212 962-5363. Email him at: [email protected].
Visit the Office on Facebook at www.facebook.com/NewYorkCityImmigrationLawyer