what to do when adjustment of status file rejected
Aligning of status is the legal process that allows strange nationals to apply for a U.Southward. permanent resident card, ordinarily known as a greenish menu. This allows petitioners to employ for a light-green card without returning to their land of origin to consummate visa processing.
Matters of U.S. clearing law tin be difficult to empathise, peculiarly if English isn't your native language. Unfortunately, errors or missing information tin can lead to setbacks or a rejected application. Larn more almost how to apply for aligning of status and your eligibility.
What Is Aligning of Status?
Adjustment of status is a pathway to U.South. permanent residence, the immigration condition of U.S. green card holders. Specifically, adjustment of status is the process for people who are applying for this status change from within the United States. If y'all live exterior of the U.S., you will utilize for permanent residence through consular processing.
Who Is Eligible to Apply for Adjustment of Condition?
Aligning of status (AOS) may grant a green bill of fare to people with legal status granted by a temporary visa. This may include anyone with a:
- Student visa
- Tourist visa
- Business travel visa
You lot may also exist eligible to apply for AOS through other categories, including:
Green Card Through Family
You may use for adjustment of status if y'all accept a green carte through family eligibility. Relatives of current U.S. citizens may be eligible for a U.Due south. green carte du jour, including:
- Firsthand relatives of U.Due south. citizens (spouse, single child under historic period 21, parent of U.S. citizen who is at least 21 years one-time)
- Other relatives of a U.S. citizen or permanent resident
- Family of U.S. denizen including son or daughter child 21 years or older, married son or daughter, brother or sis who is at least 21 years sometime
- Family of a permanent resident including spouse, unmarried child nether 21 years, married son or daughter 21 years or older
- Fiancé(due east) of a U.Southward. citizen or the fiancé(due east)'south child
- Widow(er) of a U.Southward. citizen
- Abused spouse, child or parent of a U.S. citizen or lawful permanent resident
Earlier you can file for AOS of a family unit-based greenish card, your relative will demand to file the I-130, Petition for Alien Relative.
Greenish Card Through Employment
If you have a task offering in the U.S. or are an investor, you lot may qualify for a green bill of fare through employment. To authorize for a green bill of fare through employment, you must have an extraordinary ability in science, art, education, business organization, or athletics. There are three preferences in this category:
- First preference
- You have boggling ability in the sciences, arts, education, business or athletics
- Yous are an outstanding professor or researcher; or
- Yous are a multinational manager or executive who meets certain criteria.
- 2nd preference
- You are a member of a profession that requires an advanced degree; or
- You have exceptional ability in the sciences, arts, or business; or
- You are seeking a national interest waiver.
- Third preference
- You lot are a skilled worker (meaning your job requires a minimum of 2 years training or work experience); or
- Y'all are a professional (meaning your job requires at least a U.Due south. bachelor's caste or a foreign equivalent and you are a fellow member of the profession); or
- You lot are an unskilled worker (pregnant yous will perform unskilled labor requiring less than two years training or experience).
Doctors who hold to work full-time in clinical practice in designated underserved areas authorize for the Md National Interest Waiver.
Immigrant investors must invest at least $1 million (or $500,000 in a targeted employment expanse) in a new commercial enterprise in the U.S. which will create full-time positions for at least ten qualifying employees
Once yous determine that you're eligible, you will need to file an immigrant petition or accept your employer file one on your behalf. In the instance of an employment-based green card, you will file the I-140, Immigrant Petition for Worker.
Who Cannot Apply for Adjustment of Status?
Not all foreign nationals can apply for a green carte through adjustment of condition, fifty-fifty if they currently alive in the United States. Ineligible parties include:
- Undocumented immigrants
- S visa holders who enter the U.S. as a witness or informant
- Anyone traveling through the U.S. to a different country
Furthermore, anyone who may exist deported cannot file for adjustment of status. For case, anyone involved in a terrorist group is ineligible.
Documents Required Before Filing to Adjust of Condition
The number of documents needed will vary, merely these are the documents that every applicant needs:
Photographs
You must submit ii recent identical colour passport-style photos of yourself. U.Due south. Citizenship and Immigration Services (USCIS) requires the photos to be on a white to an off-white background, printed on sparse newspaper with a glossy finish, and exist unmounted and united nations-edited.
The photos must be 2×2 inches. Those photos must be in color with a frontal view of your entire face. You cannot be wearing anything on your caput unless required for religious reasons. Using a pencil or felt pen, you lot must add your A-Number on the back of the photo.
Government Issued ID
Anybody who submits Grade I-485, Application to Annals Permanent Residence or Adjust Status, should likewise send in a photocopy of a authorities-issued ID that has their picture on it. This is typically a passport or like document, even if the passport is expired. USCIS will accept other government-issued IDs such every bit a driver's license or military identification.
Nativity Certificate
Near I-485 applicants must also submit a copy of their birth certificate issued by the appropriate civil authority from the country of their birth. USCIS will only accept a long-form nascency certificate that lists at least one parent.
If your birth certificate is not bachelor or does not exist, you must show that fact to USCIS. You will also be required to provide other testify of birth. The U.S. Department of State has a list of countries and what types of documents they offer.
Inspection and Access or Parole
Most Form I-485 applicants must submit copies of a document showing they got inspected by an immigration officer and either admitted or paroled into the United states of america. USCIS states you can testify this by presenting copies of:
- Passport page with admission or parole stamp issued by an immigration officer
- Passport page with nonimmigrant visa
- Form I-94 Inflow-Departure Record
USCIS will take secondary evidence if ane of the chief documents listed in a higher place is unavailable. The documents must have been maintained in the ordinary grade of business organization past whatever private or organisation other than the Department of Homeland Security (DHS).
Additional Documents for Adjustment of Status
The documents listed below won't apply to every bidder, but they tin can depend on your state of affairs when filing:
- Documentation of your immigrant category: As part of your Class I-485 application, you lot must prove you're eligible for a green card in a particular immigrant category. This can typically go established with a re-create of Form I-797, Approval Find, or Receipt Notice for your petition.
- Wedlock certificate and other proof of relationship: If you're filing Course I-485 as the spouse of the primary application, you must typically submit a copy of your marriage certificate. If either political party in the marriage was previously married, USCIS requires you to submit evidence showing all earlier marriages were legally ended.
- Evidence of continuously maintaining a lawful condition since arriving in the United States: This is required for immigrants in many categories, including family-based, employment-based, special immigrant religious workers, Diverseness Visa Lottery winners, and others. Several documents can help you prove yous maintained lawful status.
- Affidavit of Support/confirmation of bona fide job offering: Ane of the goals of USCIS is to admit people who volition not become dependent on authorities assistance. USCIS will crave an affidavit of support from either an employer, relative, fiancé(e), or an employment-based visa if the business is at least 5% owned by a relative.
- Evidence of fiscal back up: This requirement has relation to the higher up. To demonstrate fiscal support, you volition likely need to consummate Form I-864, Affirmation of Support. Most family-based applications and some employment-based green card applications will be required to consummate Course I-864.
- Report of medical examination and vaccination tape: Nearly all green carte du jour applicants will accept to undergo a medical test to ensure at that place are no health concerns. The exams have to be done by a USCIS approved civil surgeon. These exams do not take to be done when you lot transport in your green menu application merely exercise require an appointment.
- Certified police and court records of criminal charges, arrests, or convictions: USCIS requires all applicants to report any criminal charges, arrests, or convictions you may have on your record, even when y'all were a minor. In almost cases, y'all practice not need to submit information relating to traffic violations that didn't involve a physical arrest and if the penalization was less than $500 or points on your driver's license.
- Waiver of inadmissibility: Certain immigrants can be inadmissible to the Us. Inadmissibility can be determined for several different reasons. There is, nevertheless, a way to get admissible through grade I-601, Application for Waiver of Grounds of Inadmissibility.
Call up, not all of these documents may be necessary for your application. E'er double-bank check to make certain that you aren't forgetting any critical pieces of information before you file.
What If I Don't Accept Required Evidence?
Co-ordinate to USCIS, if you cannot submit primary evidence (birth certificates, marriage records, etc.), you tin can send in what'due south chosen secondary evidence. This type of evidence tin can include school or church building records, merely along with that, you lot must ship in a reason why the master evidence is not available.
If no secondary evidence is available, you may submit written statements.
Co-ordinate to USCIS, any argument should explain in detail:
- When and where you came into the United States
- What documents you had
- Whether you showed them to the immigration inspector
- Whatsoever questions the immigration inspector asked
- Whatsoever other details about your claimed admission or parole
The written statements must be signed nether penalization of perjury and may come from yourself or from any other individuals who have personal knowledge of the circumstances of your claimed admission or parole.
How Do Y'all File for Adjustment of Status?
U.S. residents with legal temporary visas may file for a green carte du jour using Class I-485, Application to Register Permanent Residence or Adjustment of Status. A dark-green card petitioner can also file a asking for a work permit and advance parole. This will let you to work in the U.S. and travel while you await a decision on your awarding.
What Happens Subsequently Yous File for Adjustment of Status?
Later you lot submit Course-I485, USCIS will schedule a biometrics date. You lot volition receive notice by postal service detailing the location, date, and time of your date. A USCIS officeholder volition collect your fingerprints, take your photograph, and ask for your signature.
USCIS will too deport a background check. Depending on the information collected up to this point, you lot may also be asked to nourish an interview. Yous will swear an oath and reply questions about your application or your eligibility for a light-green card.
If any more data is required to support your application, USCIS volition ship y'all a formal request for bear witness. Exist sure to mail service your boosted show together in one document package. If your application for adjustment of status is approved, yous can look to receive a letter notifying you lot. Finally, your green carte du jour will be sent to you.
How Much Does It Cost to Employ for Adjustment of Status?
For most applicants, the adjustment of status application fee is $1,225. Some exceptions may reduce the fee, including age and refugee status. See the USCIS fee nautical chart beneath for more details.
The I-485 filing fee does not include the fee for the immigrant petition. The filing fee for the I-130, Petition for Alien Relative is $535 and the filing fee for the I-140, Immigrant Petition for Alien Worker is $700.
| If Yous Are… | Grade Fee | Biometric Services Fee | Total |
| Nether 14 and filing with the I-485application of at to the lowest degree one parent | $750 | $0 | $750 |
| Nether 14 and not filing with the I-485application of at least one parent | $1,140 | $0 | $1,140 |
| Age xiv – 78 | $i,140 | $85 | $1,225 |
| Age 79 or older | $i,140 | $0 | $one,140 |
| Filing Class I-485 based on having been admitted to the United States every bit a refugee | $0 | $0 | $0 |
How Long Does Adjustment of Condition Processing Take?
It tin take several months to several years to go a green carte du jour through adjustment of condition. Several factors determine the processing time of applications, nigh importantly your green card category.
While there is an unlimited number of green cards issued every year to immediate relatives of U.S. citizens, other categories have an annual cap. To get an accurate processing time of your case, yous should contact USCIS.
Can I Stay in the The states While Waiting for Adjustment of Status?
Depending on your method of filing for adjustment of status, you may be waiting a long time. Your visa may expire while you wait for your application results. You tin can stay in the U.s.a. while your application processes.
Get Help Filing Your Adjustment of Status Today
If you demand assistance filing your aligning of status to get your green bill of fare, delight contact the experts here at FileRight today. With a gratis eligibility quiz, we can assist determine what you need to get started on your path to permanent residency. Don't hesitate to reach out to united states to learn more about how nosotros can help you.
Source: https://www.fileright.com/blog/documents-required-adjustment-of-status/
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