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.
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:
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:
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.
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 going home and using consular processing. Then, they apply for a green card, this process is more cost-effective than filing for an adjustment of status.
To find out more about the adjustment of the status process and how our skilled Austin lawyer can help, contact J. Sparks Law, PLLC, today. You can schedule your consultation by calling 512-952-2176 or contacting us online.
Julie Sparks is Board-certified by the Texas Board of Legal Specialization in Immigration and Nationality Law, one of a few such attorneys in Texas. After 15 years of practice in this field, she has represented immigrants from more than 70 countries.
Ms. Sparks is a member of the Texas Bar Association and the American Immigration Lawyers Association (AILA). Julie has also been a featured speaker at Southwestern Law School and at the national 2015 AILA Fundamentals Conference.