How To Adjust From A Non-Immigrant To A Green Card Status

Almost every person from another country who wishes to visit the United States needs a visa. Typically, visas for people coming to the US for a short time are called nonimmigrant visas. There are over 40 types of these visas, each designed for a unique but specific reason.

These visas allow people from other countries to come to the US for various reasons, such as to work, visit, or study. However, nonimmigrants often find themselves in situations where their initial reasons for coming to the US have changed. US immigration laws usually require that you officially change your visa status before you can legally stay in the US permanently.

Changing your visa status can be complex if you have a non-immigrant visa and are considering moving to or working in the United States permanently. You will likely encounter a lot of documentation and must adhere to the specific rules for changing your status.

It is highly recommended to consult with a skilled immigration lawyer to prevent any hold-ups or unnecessary expenses. Keep reading to find useful information to help you go through the adjustment of status process in the US.

Overview of immigration status in the US

In the United States, there are two main types of visas: permanent residency (immigrant visas) and temporary stays (nonimmigrant visas). Immigrant visas are given to individuals who meet the requirements and wish to live in the country long-term.

Conversely, nonimmigrant visas are for those coming to the US for specific reasons such as work, holidays, education, short-term employment, and medical treatment. Each type of visa has its requirements and procedures. So, if you are considering moving permanently or temporarily staying in the US, it is important to understand the differences and follow the necessary steps carefully.

Who is a non-immigrant

An individual who comes to the US for a limited time, like work, education, short-term jobs, or vacation, is considered a nonimmigrant. Upon entering the US through an airport, seaport, or land border, these individuals are usually checked by a US immigration officer.

During this check, the officer determines the visitor’s visa category based on their reason for coming. This category is usually based on the specific visa stamped in their passport unless they don’t need a visa stamp from Canada. After the check is done, the visitor is allowed to stay in the US under nonimmigrant status.

Non-immigrant options

In the United States, more than 40 nonimmigrant visa options are available. Here are a few examples:

• Business visitor’s visas (B-1 visas).

This visa is for individuals coming to the US for business or professional purposes. They can engage in various activities like managing an estate, consulting with business contacts, negotiating deals, or participating in science, education, or business conferences.

• Tourist visitor’s visas (B-2 visas).

This visa is for people coming to the US for tourism activities, such as visiting relatives or friends, attending social gatherings, participating in competitions or events, or joining brief educational courses (less than 18 hours per week). It is important to note that people from certain countries don’t need a tourist or business visitor’s visa under the visa waiver program. However, they are only permitted to remain in the country for a maximum of 90 days.

• F and M-type student visas.

To come to the US with an F student visa, you must attend a university, college, high school, private elementary, seminary, or conservatory. You can also be part of another educational program, such as a language course. However, if you are studying at a vocational or recognized non-academic school, you must apply for an M visa.

• The J-1 exchange visitor visas.

The J-1 visa permits individuals from other countries to work as teachers, students, and researchers, showcase unique talents, or receive training while employed. The stay can be as short as a few weeks or several months. No matter the type of visa you possess, it is important to keep your nonimmigrant status and follow the terms of your stay as dictated by immigration laws. To learn more about other non-immigrant visa options, you should consult with an immigration lawyer.

Overview of the adjustment of status

Transitioning from a nonimmigrant status, like being a student or tourist, to a permanent resident (holding a green card) is a significant step. US immigration laws allow foreign visitors to become permanent residents once they enter the US and meet certain requirements.

This step is one of the two ways to obtain a US green card (immigrant visa). If someone is not eligible for adjustment of status, they must seek consular processing. Adjustment of status and consular processing are the possible options for people already in the US.

Who can adjust the status?

To submit a petition for a change of immigration status, the applicant must fulfill some essential criteria. To be eligible for a change in immigration status, the applicant must:

• Be physically present within the United States.

You must be present in the US when the petition for a change in immigration status is submitted (and you will need to complete the process within the US).

• Have entered the US legally.

Legal entry refers to being either admitted or paroled into the US. For most individuals, this involves entering the US with proper documentation and directly interacting with a US immigration officer who recognized your entry. If you entered with a valid visa that has since expired, your entry was still considered legal.

• Have a visa that is immediately available to you.

Immediate family members of US citizens can submit the petition for a change in immigration status along with the I-130 application. This is because a visa is always available. However, applicants in the family preference category need to ensure a visa is available. The visa bulletin must list their category as “current” before submitting form I-485.

It is crucial for the person planning to immigrate to stay eligible while adjusting their status. Any shifts in their situation could impact the outcome of their application. Only a small number of individuals are eligible to change their status.

Therefore, adjustment of status is typically reserved for immediate family members, spouses who came as K-1 fiancés, asylees, refugees, or individuals who came on a work visa (such as the H1-B) and were sponsored by their employer for a green card.

The right time to file for adjustment of status

Delaying tasks until the last minute is a poor strategy. It is recommended that individuals considering a change in their immigration status apply as soon as possible, ideally two months before their current status expires.

It is crucial to remember that, no matter the circumstances, the application for a status adjustment should be submitted to the USCIS prior to the expiration of the I-94 card or, for students in F-1/M-1/J-1 status, before they finish their educational program.

Does early application guarantee approval?

It is not certain that the USCIS will approve a request to change one’s immigration status, even if all the necessary criteria have been met. USCIS must review the applicant’s circumstances, current situation, reasons for wanting to change their status, and, if relevant, reasons they did not apply for this type of visa when they first entered the US.

Only after considering these factors can USCIS determine whether to approve the change of status and set the duration of the stay. USCIS will not approve a change of status for a reason that goes against the terms of the requested status or in situations where it would be deemed inappropriate.

How to apply?

Applicants who are eligible and wish to change their immigration status can submit form I-485. Immediate family members are typically allowed to apply to USCIS whenever they fulfill the necessary criteria. In some cases, immediate family members can apply simultaneously as their form I-130. This means that the form I-485 is submitted alongside the form I-130.

These are the two main forms required to adjust the status of family-based immigration. Additionally, a full adjustment of the status application package will include various supporting documents as needed for each specific USCIS form. For step-by-step guidance on form preparation and the required supporting documents, check the USCIS website or contact us to help you prepare your USCIS forms.

How long does the application take?

Once you submit your application, the USCIS will send you a letter reminding you about your appointment for a biometric screening. This appointment is relatively fast and occurs at a USCIS Application Support Center. Here, you will have your photo taken, fingerprints collected, and your signature verified.

The USCIS will then use this biometric information for a required criminal background check. A few months later, the USCIS might ask you to come in for an interview. Sometimes, they might also need the person sponsoring you to be present.

However, USCIS can sometimes skip the interview for certain people, and they will let you know the interview details, including when and where it will be held. The interview is used to verify the details you and your petitioner have provided in the petition and adjustment application.

It also serves as a chance for them to assess if any changes could make you ineligible. Typically, this brief interview lasts anywhere from 20 to 30 minutes. The whole process of adjusting status can range from 8 to 14 months for most applicants. The key to achieving the quickest turnaround times is to put together a comprehensive and detailed application package.

While it is not mandatory, seeking assistance from an immigration lawyer can greatly improve your chances of having your USCIS forms processed efficiently. For a deeper understanding of the process and each phase, it is advisable to refer to the detailed timeline of form I-485 processing times.

Get help!

Every kind of nonimmigrant visa has rules and restrictions, including time limits for staying in the US. Successfully submitting a petition for a status change can lead to new opportunities in the US, while failing to do so can lead to significant challenges.

Individuals with temporary visas can transition to lawful permanent residency if they meet the requirements for one of the different green card categories. Let our legal team assist you in realizing your dream of living in America. Gehi and Associates are equipped to support you with your application for adjustment of status and any other intricate immigration matters.

Our immigration lawyers have been providing legal services to non-immigrants in the US for a number of years. Through our focus on the client and tailored approach, we have surpassed the expectations of many, securing a high success rate and a distinguished reputation.

Are you interested in learning more about filing a change of status application? Or do you need help with your application for an adjustment of status application? Reach out to us at Gehi and Associates now! Book a complimentary consultation with us today!