To file for adjustment of status from a non-immigrant visa classification to legal permanent resident, there are several pre-requisites. Top Orange County Immigration law firm, Wilner & O’Reilly describe here the conditions you need to meet to file for adjustment of status from inside the United States of America.
• You must be physically in the United States if you want to apply for legal permanent residence in the US. In case you are outside the US, you must get an immigrant visa at a United States Consular post in that country.
• Your immigration petition must have already been approved (I-130 or I-140 Petition) before filing of the I-485 Application to register Permanent Residence or Adjust Status (green card application). To understand the paperwork and other details, seek the top immigration law firm in Orange County, Wilner & O’Reilly.
• Also known as the priority date, the date on which your relative or employer filed the immigrant visa petition with USCIS should be current, otherwise you cannot file a petition for adjustment of status. You can check this in the Department of State’s monthly Visa Bulletin.
• Your entry in the United States of America should have been legal and you should have documents, such as I-94 to prove it. You
• Orange County immigration law firm, Wilner & O’Reilly can let you know exceptions to this rule, such as section 245i, if any.
• Your circumstances such as employment or marital status should not have changed before applying for green card.
• You cannot file for adjustment of status if you were barred from the United States in cases such as, illegal attempt to enter the US and immigration fraud. For any waivers, your immigration law firm in Orange County, Wilner & O’Reilly would be able to help you with that so that you can seek adjustment of status.