In some cases, you may be granted permanent residence at the end of the interview. If USCIS denies your application, they will mail you a notice explaining the reasons for the adjustment of status denial. Once you have your green card, you no longer need the EAD card. As a permanent resident, you have the right to travel outside the United States and return with a valid green card.
You may also use the card as proof of your right to work in the United States. Formally known as Form IC, Notice of Action see example below , the receipt notice typically arrives 2 to 3 weeks after filing.
Either will significantly delay your request. Thus, it is vital to prepare the adjustment of status application package correctly and submit all required supporting documents.
Next, you will receive an appointment notice that assigns your biometrics appointment date, time and location. USCIS requires applicants to be fingerprinted for the purpose of conducting a security clearance and criminal background check.
Learn more in our biometrics appointment FAQs. This is not an interview. Try to attend the appointment as scheduled. Rescheduling the biometrics will affect the I processing time. Tip: If you think you might have a criminal record even a DUI , contact an immigration lawyer before going to a biometrics appointment.
Some crimes will make you ineligible for immigration benefits. Tip: Make a photocopy of both sides of your new EAD card. It may come in handy in the future. There are several items that you should be prepared to take to the interview: A complete copy of your immigrant petition and adjustment of status application.
The USCIS officer will be reviewing these documents, so be able to explain your answers if necessary. Originals of any documents that you submitted copies to USCIS, such as birth and marriage certificates.
Your passport, which contains the nonimmigrant visa by which you entered the U. This is temporary proof that you are a permanent resident and is valid for re-entry at a U.
If you did not receive your green card in the mail, you can make a case inquiry. After filing Form I, Application to Adjust Status , and related forms, your I processing time can take anywhere from 8 to 14 months. The basis of your adjustment of status e. This is an approximation. It may be shorter for some and longer for others.
He stayed for 5 years and began working with an fake social security number. He eventually met Kate at his job and they decided to marry 9 months later. When it was time to apply for a green card for Bruce, they were worried about his overstay and how this would affect his case.
But, he did gain unlawful presence time and will need to submit the IA waiver before his I application would be approved. The above situations is probably the most common problem that many people run into. Most people who accrue unlawful presence time actually entered the U.
Filing a waiver will delay the I processing times by several months. Another issue here is whether immigration officials will realize that he has been working with a fake SSN. This can cause further delays or a finding of fraud and misrepresentation.
As you can see, the I processing times can vary greatly and it depends on how you entered the U. Today, there is a lot of fear and uncertainty because of the severe crackdown on undocumented residents. I see it as a trap that sucks people in and with very little options to overcome it. Yes, there are waivers available but filing one is no guarantee that it will be approved. If you are in this situation, get guidance from an immigration attorney that is familiar with the waiver process.
Adjusting status from a valid visa is a lot simpler. You can submit the I with the I and include evidence of a bona fide marriage. The adjustment of status interview is also straightforward.
In the end, you want to prove you have a valid case to adjust status for a green card. Consider enrolling in my that will walk you through every step of the process from start to finish. Hello Ayan, thanks for your assistance so far on adjusting my status.
I have a clarification on this new lesson on d issue of waiver. I have been in the US with my 4 kids since after my formal husband divorced me, our visa expired this year June but got married to my husband who is a US citizen this year September , am yet to submit my application for AOS due to fund for me and the 4 kids. What do your advise do I first apply for the waiver before processing or what?. Thanks as i wait to hear from you.
Generally, if you came on a K1 fiance visa, you must adjust status with the first husband. USCIS will look closely at your relationship with your first husband to find out why it ended and whether it was just for the purpose of immigration benefits. Please provide additional details for specific help.
Hi Ayan, Thank you so much for this info. I submitted I, I, and I for my husband back in October, the cases were received on October 29th and he went in for his biometrics exams Dec.
If you applied for a work permit and a travel document , it takes about months to receive them after filing the application. The length of time that it takes for you to have an adjustment of status interview scheduled depends on several factors, including:.
In many cases, it can take at least months to get an interview scheduled, but you may have a longer wait depending on your situation. This immigration status allows you to permanently live and work in the U.
After you have a green card for three or five years, you can apply for naturalization , which means that you can become a U. When you submit Form I, you are providing USCIS with basic identifying information and documentation of your legal grounds for applying for a green card. USCIS also will check to see if you are inadmissible for any reason. You can apply for adjustment of status using Form I if you entered the U. For example, if you are in the U.
You must be physically present in the U. If you are eligible, you can get a green card without going back to your native country. You must meet all the requirements of a particular immigrant category to qualify for Adjustment of Status.
You also might qualify to apply for adjustment of status if you meet the requirements in a few other categories, such as if you are a Cuban native or citizen or have special immigrant status as a religious worker. Some people do not qualify to file Form I These people include:.
Some people also are inadmissible, which means that they cannot get a green card, even if they meet the other requirements. Some situations that might disqualify you from getting a green card are:. A few other situations also can bar you from getting a green card. In some cases, you might be able to get a waiver that still allows you to get a green card. The documents that USCIS requires you to submit depend on the immigrant category that you are using to file your I However, some documents are required for all applicants filing Form I, such as:.
There are some exceptions to these requirements if you are applying through some immigrant categories. Some immigrant categories, such as the foreign spouse of a U. Immediate family members of U. These family members include spouses , unmarried children under age 21, children adopted by U. To qualify for this category of Adjustment of Status applicant, you must also have an approved Form I, Petition for Alien Relative , which you can file before or at the same time as Form I You also will need certified copies of all criminal records, including criminal charges, arrests, and convictions if you have any.
Other forms also may be necessary, based on your situation. In some cases, employers may sponsor certain highly qualified natives of other countries to remain in the U. Department of Labor, either before or at the same time as Form I In addition to the documents that all green card applicants must submit, employment-based applicants also must provide USCIS with:. In some cases, applicants seeking green cards through their employment may need to submit additional forms.
One basis for seeking a green card is marriage to a U. These visas allow you to lawfully enter the U. K-1 visa holders who want to apply for a green card must submit Form I like everyone else.
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