When it comes to adjusting your immigration status in the United States, there are several important factors to consider. One of the most crucial aspects is understanding the fees and expenses associated with the process. If you are living in New Jersey and are considering adjusting your immigration status, it’s essential to be well-informed about the costs and requirements. In this article, we will break down what you can expect when it comes to the adjustment of status fees and expenses in New Jersey, and we’ll provide insights into the associated requirements.

Understanding Adjustment of Status

Adjustment of status is the process through which an eligible foreign national can become a lawful permanent resident of the United States. This process is available to individuals who are already in the U.S. on a valid nonimmigrant visa, such as a student or work visa, and wish to change their status to that of a lawful permanent resident, commonly known as obtaining a Green Card.

The benefits of adjusting your immigration status are significant. As a Green Card holder, you have the legal right to live and work in the United States indefinitely. You can also travel freely in and out of the country, and you may be eligible for certain federal benefits. However, it’s important to understand that the adjustment of status process can be complex, time-consuming, and costly.

Fees Associated with Adjustment of Status

The fees associated with adjusting your immigration status in New Jersey are set by the United States Citizenship and Immigration Services (USCIS). These fees can vary depending on your specific situation, so it’s essential to be aware of the current fee schedule. As of my knowledge cutoff date in September 2021, here are some of the key fees associated with the adjustment of status process:

• Form I-485 Filing Fee: This is the primary fee for the adjustment of status application. As of September 2021, the filing fee for Form I-485 is $1,225 for most applicants aged 14 to 78. This fee includes the cost of biometric services, such as fingerprinting. However, USCIS fees are subject to change, so it’s crucial to check the latest fee schedule on the USCIS website.
• Form I-130 Petition: If you are applying for adjustment of status based on a family relationship, such as marriage to a U.S. citizen, the sponsoring family member must file Form I-130 on your behalf. The filing fee for Form I-130 as of September 2021 is $535.
• Form I-131 Application for Travel Document: If you plan to travel outside the United States while your adjustment of status application is pending, you may need to apply for a travel document (Advance Parole). The filing fee for Form I-131 is $575 as of September 2021.
• Form I-765 Application for Employment Authorization: If you wish to work in the U.S. while your adjustment of status application is pending, you can apply for an Employment Authorization Document (EAD). The filing fee for Form I-765 as of September 2021 is $410.
• Additional Fees: Depending on your specific circumstances, there may be additional fees for services such as requesting a replacement Green Card, renewing your EAD, or other related services.

It’s important to note that USCIS fees are subject to change, so always check the latest fee schedule on their official website before submitting your application. Additionally, there may be other fees associated with the adjustment of status process, such as fees for medical examinations, translations of documents, and attorney fees if you choose to work with an immigration attorney.

Income Requirements and Affidavit of Support

In addition to the filing fees, adjustment of status applicants are typically required to meet certain income requirements or have a qualifying U.S. sponsor who can provide financial support. This requirement is to ensure that the applicant will not become a public charge and will have the means to support themselves in the United States.

If you have a U.S. citizen or lawful permanent resident family member sponsoring your adjustment of status, they will typically need to submit an Affidavit of Support (Form I-864) along with their financial documents to demonstrate their ability to financially support you.

The income requirements for the Affidavit of Support are based on the federal poverty guidelines and vary depending on the sponsor’s household size and location. The sponsor must have income or assets that meet or exceed the minimum required amount to qualify.

If the sponsoring family member does not meet the income requirements, they may need to find a joint sponsor who does meet the criteria and is willing to submit a separate Affidavit of Support.

Additional Expenses to Consider

While USCIS fees and the Affidavit of Support requirements are the primary expenses associated with adjustment of status, there are other costs to consider during the process. These can include:

• Medical Examination: USCIS requires applicants to undergo a medical examination conducted by an authorized civil surgeon. The cost of the medical examination can vary but is generally several hundred dollars.
• Translation and Documentation Fees: If your supporting documents, such as birth certificates or marriage certificates, are not in English, you will need to have them translated by a certified translator. Translation fees can add to your overall expenses.
• Travel Costs: If you need to travel to attend biometric appointments, interviews, or other USCIS appointments, you should budget for transportation and lodging expenses.
• Attorney Fees: While hiring an attorney is not required, many applicants choose to work with an immigration attorney to navigate the complex process and ensure their application is complete and accurate. Attorney fees can vary widely depending on the complexity of your case.
• Miscellaneous Expenses: There may be other miscellaneous expenses that arise during the adjustment of status process, such as fees for obtaining necessary documents or obtaining police clearances if required.

Reducing Costs and Navigating the Process

Adjusting your immigration status can be a significant financial undertaking, but there are steps you can take to reduce costs and navigate the process efficiently:

• Ensure Eligibility: Before beginning the adjustment of status process, make sure you are eligible for the benefit you are seeking. Consult with an immigration attorney or use online resources to understand your options and eligibility criteria.
• Prepare Accurate Documents: Accuracy is crucial when submitting your application. Carefully review USCIS instructions, and consider seeking legal guidance to ensure your forms are complete and error-free.
• Explore Fee Waivers: In certain circumstances, USCIS may grant fee waivers to applicants who can demonstrate financial hardship. If you believe you qualify, consult the USCIS website or an immigration attorney for guidance on requesting a fee waiver.
• Plan Your Timing: Be strategic about when you submit your application. Avoid delays by gathering all necessary documents and meeting deadlines.
• Consider Pro Bono Legal Services: Some nonprofit organizations and legal clinics offer pro bono (free) legal services to eligible applicants. Research whether such services are available in your area.
• Keep Records: Maintain detailed records of all expenses related to your adjustment of status application. This can help you budget effectively and provide evidence if necessary.
• Stay Informed: USCIS policies and fees can change, so stay up-to-date by regularly checking the USCIS website or consulting with an immigration attorney.

If you’re considering the adjustment of status process in New Jersey and want experienced guidance to navigate the complexities of immigration law, our dedicated team at The Scheer Immigration Law Group is here to help. Our experienced immigration attorneys have a deep understanding of the ever-changing immigration landscape and can provide you with the support and advice you need.

Contact us today for a personalized consultation to discuss your specific situation and immigration goals. We can help you understand the requirements, guide you through the application process, and work diligently to achieve a successful outcome.

Don’t let the challenges of adjusting your immigration status hold you back from realizing your dreams in the United States. Take the first step towards lawful permanent residency by reaching out to us at The Scheer Immigration Law Group. Your future in the United States is important, and we’re here to assist you every step of the way.