Phoenix Adjustment of Status Lawyers – Chastain & Afshari, LLP

Adjustment of status is a method by which legally admitted foreign nationals can change from one immigration status to another without returning to their country of origin.  Most often,  this occurs when someone enters the U.S. on a visa, such as a tourist visa or a nonimmigrant K-1 visa, and is applying for their permanent resident status, also called a green card.  Adjustment of status is unique in that it allows the individual to remain in the U.S. while the entire process takes place.

The adjustment of status process is complex and often overwhelming for those who undertake it.  The stakes are also high as these individuals do not wish to have to leave the U.S.  As such, anyone seeking an adjustment of status should retain the assistance of an experienced immigration attorney.

Navigating You Through the Adjustment of Status Process

The Immigration and Nationality Act (INA) defines adjustment of status as the opportunity for an individual, while remaining within the U.S., to change his or her immigration status from nonimmigrant or temporary (parolee) to immigrant (permanent) if he or she was inspected and admitted or paroled into the U.S. and meets the required elements for a green card in a particular category.

How to Get Adjustment Status

Along with having a proper inspection upon your initial entrance into the U.S., you must also:

  • Submit the proper application along with the requisite fee;
  • Be eligible to receive an immigrant visa;
  • Be admissible in the U.S.;
  • Have an immigrant visa be immediately available to you at the time the application is filed.

Bars to an Adjustment of Status

The INA sets out a variety of situations in which an alien will not be granted an adjustment of status.  Generally, if an alien is classified within one or more of the following categories, he or she will not be eligible for an adjustment of status:

  • An alien who was admitted as a nonimmigrant visitor without the proper visa;
  • An alien who continues to accept unauthorized employment prior to filing the application for adjustment of status;
  • An alien who is currently in unlawful immigration status upon filing the application for adjustment or who has failed to maintain legal status upon entry;
  • An alien who was admitted in transit without a proper visa;
  • An alien who is deemed deportable due to terrorist activity;
  • An alien who has violated the terms of the nonimmigrant visa, including being employed.

What Happens After My Application is Filed?

After your adjustment of status application has been filed, you will need to visit an Application Support Center to have your picture, signature, and fingerprints taken.  You will also generally be required to complete an interview at the USCIS office during which you must verify under oath that your application has been completed fully and honestly.

Chastain & Afshari, LLP:  Phoenix Immigration Attorneys Helping Foreign Nationals Obtain Their Green Cards

Obtaining an adjustment of status so that you can remain in the U.S. without returning to your country of origin can be complex and confusing.  The Phoenix Immigration Attorneys at Chastain & Afshari, LLP have the experience and resources you need to successfully obtain an adjustment of status. Our immigration lawyers have earned an “A” rating with the Better Business Bureau and a reputation for excellence throughout the Phoenix community.  When you call Chastain & Afshari, LLP, you will always be immediately connected to a knowledgeable and friendly Phoenix immigration lawyer.  Our attorneys personally handle all immigration matters and are available 24 hours a day, 7 days a week to answer your questions.  Call the Phoenix immigration lawyers of Chastain & Afshari, LLP today at (623) 552-6168 to schedule your consultation.