Nonimmigrant visa holders usually plan on transitioning to permanent U.S. resident status. Being a permanent resident or having a green card status provides cardholders with many benefits not afforded to nonimmigrants. This includes being able to travel and work in the U.S. with just a few restrictions. The transition to a permanent resident status from a nonimmigrant status is known as the adjustment of status.
Who Qualifies for an Adjustment in Green Card Status?
For nonimmigrants to qualify for a green card, they must adjust their status to immigrant from nonimmigrant. Take note that this is different from a change of status that entails switching to another type of nonimmigrant visa.
Only nonimmigrant or temporary visa holders could qualify for adjustment of status. They must also have entered the country legally and currently live in the U.S. when they file their applications. In addition, they must qualify for permanent resident status (green card) in one of these categories:
- Employment – Nonimmigrants might be eligible for employment-based. Also, visas are based on their own abilities, skills, and accomplishments or through sponsorship through a U.S. employer.
- Family – Nonimmigrant visa holders can likewise qualify for family-based. Visas as the child, spouse, parent, or eligible close relative of a permanent resident or U.S. citizen.
- Others –Humanitarian reasons could be a factor to grant a green card. Asylum, via the diversity lottery program, or through other categories.
why an application might be denied?
Do note, however, that some applicants mistakenly expect that approval of their green card application means that their application for adjustment of status would also be approved. But this isn’t always the case because there are various reasons why an application might be denied, such as:
- You gained entry to the country illegally, such as through fraudulent means or misrepresentation, etc.
- You breached the terms of your temporary visa by committing a criminal offense
- You’re currently living in the country illegally
- You worked in the country without employment authorization
Fortunately, depending on the specific circumstances of your denial, you may have a chance to reapply again. Most applicants in this situation choose to work with a skilled Austin green card lawyer. This way, they determine their application rejection and ensure the success of their next application.
What About Consular Processing?
Some individuals may opt to obtain a green card without adjusting their status by going back to their home country. Once their temporary visa expires, they go through consular processing. In most cases, these individuals are from nearby countries, which means that going home and using consular processing. Then, they apply for a green card, this process is more cost-effective than filing for adjustment of status.
Get Legal Advice from a Skilled Austin Green Card Lawyer Today
To find out more about the adjustment of the status process and how our skilled Austin green card lawyer can help, contact J. Sparks Law, PLLC, today. You can schedule your consultation by calling 512-952-2176 or contacting us online.