Adjustment of Status lawyers in New Orleans

Adjustment of status is a process when a person changes their immigration status to that of a lawful permanent resident. To apply for adjustment of status, the individual must meet several requirements and can stay in the United States during their adjustment application processing. 

Here is what you need to know about this process:

Adjustment of status categories:

  • Family-based adjustment: This category includes immediate relatives of United States citizens who can apply immediately for their parents, spouses, unmarried children under the age of 21. U.S. citizens may also apply for their adult children who are married and unmarried, and/or their brothers and sisters.

    • Lawful permanent residents can apply for their family as well, limited to their spouses and children, and unmarried sons and daughters (adults).

    • It is important to know that there are statutory limitations for certain visa holders to apply for their family members and it is important to seek out advice before filing in this category.

  • Employment-based adjustment: Immigrants under the Employment First Preference Category are eligible for adjustment of status;

  • Green card through humanitarian visas, such as: Refugee or Asylee Status, Human Trafficking victims, Abuse victims, or as a Special Immigrant;

  • Other categories of eligibility for adjustment include: a Green card through the Cuban Adjustment Act, and more.

Adjustment status in New Orleans

What is the average processing time?

Adjustment of status cases have been significantly delayed due to several factors in recent years. In many cases the processing time may take from up to 18 months, depending on various circumstances, including the workload at USCIS. This time can extend, and entirely depends on your individual case and situation. You may remain in the country while the application is processed, but make sure to speak with a legal representative if you have any questions about a visa expiration or extensions.

Forms required for Adjustment of Status

In most cases, it is necessary to complete several forms for the application itself and depends on the category you are applying under. It is very important to review your case with a qualified professional and/or review the requirements for the forms and applications, evidentiary requirements, and other thoroughly to ensure that you provide accurate application information to the government.

Adjustment of Status Checklist: Example of a Family-Based Petition and Green Card process

  • Determine if you are eligible for a Green Card: The eligibility requirements vary for each category. Before you apply for Adjustment of Status, you must determine your immigrant category.

  • File an immigration petition: Someone must file a petition for you, providing evidence of your relationship and immigration history.

  • Check visa availability: The U.S. Department of State sets the number of available visas for each immigrant category. Depending on your eligibility, you may only file Form I-485 until a visa is available in your category.

  • File Form I-485: If you are in the United States and are eligible for adjustment of status, you may file a Form I-485 and other corresponding necessary forms and documents depending on your eligibility.

    • This application package usually includes an Affidavit of Support, where your petitioning family member must show that you are able to be supported financially in the United States and are not likely to be a public charge.

    • You will also be required to provide a medical examination to the government through an authorized office before receiving your green card.

  • Provide your biometrics at your local Application Support Center: After you file Form I-485, you may receive an appointment to provide your photography, fingerprints, and signature.

  • Attend the interview (if applicable): You and your family member who petitioned for you may be required to answer questions under oath in your nearest USCIS office. You may also be required to submit additional evidence to support your case.

  • Receive a decision: If your petition is approved, you might receive an approval notice before you receive your green card.

Adjustment Status Process in New Orleans

Do you want to apply for an adjustment of status? We are here to help!

At Golden Muños Law, we love to provide legal services and counsel to immigrants during every stage of their journey to become Green card holders and U.S. citizens. We know well the importance of diversity to a country's culture. Our team of attorneys is made up of professionals from different backgrounds and areas of expertise, ready to help identify the special needs of your case from different perspectives.