Who Can Adjust Their Status and Get A Green Card Without Leaving The USA

Posted by Taimur on March 13th, 2020

The adjustment of status is a very advantageous immigration process that allows a person who is already in the United States to get a permanent residency card (green card) without leaving the country. Unfortunately, not all migrants can request it.

Due to the importance of immigration adjustment, also known by its acronym in English as AOS, this article explains what its advantages are, who can apply for it, how to process the application, and what is the alternative for cases in which it is not possible.

Advantages of obtaining a green card due to adjustment of status

AOS provides two great benefits:

• Avoid the costs of traveling outside the United States to complete the processing of a green card application.
• And, above all, it avoids applying the punishment of 3 and 10 years. It is important to note that this penalty only applies to people who are outside the United States and wish to return with an immigrant or non-immigrant visa.

Migrants who can request an adjustment of status for family or work

Migrants who fall into one of the following categories can do so:

However, you cannot apply if you have entered the country illegally without going through immigration control at customs. This is very important because it prevents spouses, unmarried children under the age of 21, and parents of American citizens who entered the country illegally crossing the border without taking the Derivative Residence Card without leaving the United States.

In this case, there are limited exceptions, such as the case of family members of the military due to the application of the Parole in Place (PIP) program.

Moreover, the children married, unmarried children over 21 years, and siblings of US citizens and spouses and children of any age permanent residents can only adjust status in the US if they are legally in the country, and because of the delay times only in exceptional cases will be possible.

Finally, the fiancées of American citizens and the children of those who have entered the United States with K-1 and K-2 visas, respectively. The marriage is required to contract within 90 days of entering the country. It is very important to keep in mind that the wedding has to be celebrated between the person requested and the person asking for it. You cannot change a boyfriend/girlfriend.

If the petition is approved, they will proceed to request their adjustment of status, as long as they are in the country legally. In other words, no company can sponsor a green card for work reasons to a migrant who is in the United States with undocumented status, whether that situation is because they entered illegally or did not leave the country on time.

To know more visit our website: www.immigrationsolicitors4me.co.uk