Adjustment of Status Lawyer in Austin

Eligibility Criteria for Adjustment of Status

As a trusted immigration law firm in Austin, Texas, we at Andrew T. Thomas, Attorneys at Law, have experience in handling various immigration matters, including Adjustment of Status applications. In this section, we present an overview of the eligibility criteria for Adjustment of Status that applicants must meet.

There are several categories through which individuals may apply for Adjustment of Status. Let’s briefly discuss the eligibility criteria for each category.

1. Family-based Adjustment of Status: Applicants may be eligible if they have a family member who is either a US citizen or a Lawful Permanent Resident. The relationship between the applicant and the family member must be that of a:
   • Immediate family member (spouse, child under 21 years old, or parent if the US citizen is 21 years or older)
   • Family preference category member (e.g., unmarried sons and daughters of US citizens, spouses, and unmarried children of Lawful Permanent Residents)
2. Employment-based Adjustment of Status: Applicants can apply for Adjustment of Status based on employment if they:
   • Have a valid job offer from a US employer
   • Have an approved immigrant visa petition (Form I-140)
   • Have an available visa number (based on the priority date)
3. Special Immigrant Juveniles: This category is for juveniles who have been abused, neglected, or abandoned by their parents. Andrew T. Thomas, Attorneys at Law: Your Special Immigrant Juvenile Attorneys can guide and represent the applicants for this process. To be eligible, applicants must:
   • Be under 21 years of age
   • Be unmarried
   • Have a court order from a state court in the United States, declaring that they are dependent on the court or appointing an individual or entity as their legal guardian

In all categories, applicants must also satisfy additional eligibility criteria, such as:

• Being physically present in the United States
• Having entered the United States lawfully, with some exceptions in specific cases
• Not having a criminal record or other inadmissibility grounds

In conclusion, eligibility criteria for Adjustment of Status vary depending on the category through which an individual applies. It is crucial to analyze the specifics of each case to determine the best approach. At Andrew T. Thomas, Attorneys at Law, we use our expertise in immigration law to help applicants navigate the complexities and achieve the desired outcome.

Process of Adjustment of Status

At Andrew T. Thomas, Attorneys at Law, we have helped numerous clients through the process of Adjustment of Status (AOS) in Austin, Texas. Our expertise in immigration law ensures that you’ll be guided step-by-step through this complex process. Here, we’ll outline the primary stages involved in AOS.

Step 1: Determining Eligibility

Eligibility depends on various factors such as immigration status, family or employment connections, or a special category like asylum, U-Visa, or VAWA. Our skilled immigration attorney in Texas will help determine your eligibility and guide you through the subsequent steps.

Step 2: Gathering Necessary Documents

Once we’ve established your eligibility, we’ll gather the required documents, including your birth certificate, passport, visa, medical examination report, and other supporting documents. Relevant financial documents are also needed to establish that you or your sponsor can support you in the United States.

Step 3: Preparing and Submitting Forms

We’ll help you accurately complete the necessary forms, such as Form I-485 (AOS application) and Form G-1145 (notification of application acceptance). If you’re applying based on employment or family sponsorship, additional forms may be required, such as Form I-140 or Form I-130, respectively.

Step 4: Initial Processing and Biometrics

After submitting your AOS application, you’ll receive an acknowledgment from the U.S. Citizenship and Immigration Services (USCIS). Soon after, you’ll be scheduled for a biometrics appointment, where your fingerprints and photographs will be taken for background checks and EAD (Employment Authorization Document) processing.

Step 5: Interview

Next, you’ll be scheduled for an AOS interview with a USCIS officer. During the interview, the officer will review your application, verify your supporting documents, and ask you questions to assess your eligibility for AOS. It’s essential to be truthful and prepared for this interview.

Step 6: Approval or Denial

Upon assessing your case, the USCIS will either approve or deny your AOS application. If approved, you’ll receive your Green Card, granting you permanent resident status in the United States. If your application is denied, our team at Andrew T. Thomas, Attorneys at Law, will help explore other options, such as appealing the decision.

Throughout the AOS process, our knowledgeable and dedicated immigration attorneys are here to support you. Trust our team to navigate this journey with confidence and expertise, ensuring the best outcome for your immigration journey.