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Adjustment of status begins by filing Form I-485, Application to Adjust Status. Additional forms may also be required. Generally, the intending immigrant must be physically present the United States through a lawful entry and an immigrant visa must be immediately available to you.
An immediate relative of a United States citizen (parent, spouse, widow, widower or unmarried child under 21 years old). A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the United States petitioner within 90 days of admission. Or.
These include: Immediate relatives (i.e. spouses, parents, and unmarried children under 21 years of age) of U.S. citizens are still eligible to adjust their status. If a violation of status is a “technical violation” that occurred through no fault of an alien, said alien may still be able to adjust status.
Any alien admitted to the United States in transit without a visa (TWO) is barred from adjusting status. This bar does not apply to an alien who was admitted as a transit alien with a C-1 or C-2 or C-3 nonimmigrant visa. On August 2, 2003, DHS and the Department of State suspended the TWO program.
Adjustment of status is granted at the discretion of USCIS. If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.
If you have filed Form I-485, Application to Adjust Status, you generally are not confined by the restrictions on your nonimmigrant visa. You have the right to remain in the United States while the application is pending. As an F-1 student, you could potentially drop out of school.
The time it takes to complete the adjustment of status process is generally longer than consular processing. There are always exceptions. You can anticipate that adjusting status to permanent resident will take about 8 to 14 months for family-based green card applications. Here's what happens after filing Form I-485.
After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8-14 months. The basis of your adjustment of status (e.g. family, employment, asylum, etc.) will be a significant factor.
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