To apply for adjustment of status as an immigrant, you or someone else must file an immigrant petition on your behalf, such as an employment or family-based petition, asylum application, or based on domestic violence, among others. In most cases, you can file for adjustment of status concurrently with the immigrant petition if you are physically present in the United States following a lawful entry (or even in certain cases of unlawful entry) and an immigrant visa is immediately available for your category.
No, if you overstayed your visa, you can only apply for adjustment of status in the U.S. if you are married to a U.S. citizen. If your spouse is a Green Card holder (Permanent Resident), they will need to file an I-130 petition for you in the United States. Once the I-130 is approved, you will have to go through consular processing and attend an interview at the U.S. Embassy/Consulate in your country of origin.
The filing fee for adjustment of status is $1,225 for individuals aged 14 to 78. For applicants under 14 years old applying with at least one parent, the fee is $750.
No, if you meet the requirements of your student visa and maintain a valid I-20, your F-1 status will remain valid even after you apply for adjustment of status. If your adjustment of status is approved, the F-1 status will no longer be necessary. However, if the USCIS denies your adjustment of status, your F-1 status will still be valid.
When you apply for adjustment of status, you can also apply for employment authorization and travel authorization for yourself and your family members. These authorizations usually take around 10 months to be approved. Once granted, you and your family members are legally allowed to work in the United States and travel abroad while your adjustment of status application is being processed.
As of June 2021, initial and renewal EADs (Employment Authorization Documents) for adjustment of status applicants are valid for 2 years instead of the previous 1-year validity. The renewal should be filed before the expiration date, allowing the applicant to receive a 180-day extension while the renewal application is pending (if the EAD category allows it). It is recommended to file the renewal approximately 3-6 months before the EAD expiration.
If an adjustment applicant fails to renew their EAD and continues to work unlawfully in the United States, it could lead to the denial of the adjustment application. It is crucial to maintain proper work authorization throughout the process.
Copyright ©2023 – All rights reserved – Gardinilaw | Developed by Utech Digital.
