Adjustment of Status for Students and Exchange Visitors in New Jersey
For students and exchange visitors in New Jersey, navigating the complex world of U.S. immigration laws can feel overwhelming. Many international students come to the United States on an F-1 visa or an exchange visitor J-1 visa to study or participate in cultural exchange programs. These visa categories allow foreign nationals to pursue their education and enhance their knowledge in the United States, but they are temporary. Once a student or exchange visitor’s program ends, they may wonder if they can stay in the country longer or even pursue permanent residency. One of the options available to them is called “adjustment of status.” At, The Scheer Immigration Law Group , we are here to guide you through the legal process and help you navigate the complexities of your case.
Adjustment of status is the process through which someone already in the United States on a nonimmigrant visa can change their status to that of a lawful permanent resident without leaving the country. This process is often appealing to students and exchange visitors because it allows them to stay in the U.S. while their application is processed. For those who meet the eligibility criteria, adjustment of status can lead to obtaining a green card, giving them the right to live and work permanently in the United States.
Understanding the Eligibility Requirements for Adjustment of Status
Before a student or exchange visitor can apply for adjustment of status, they must meet several key requirements. First and foremost, they must be physically present in the United States. The adjustment of status process is available only to individuals who are already inside the U.S. Anyone who is outside the country and wishes to apply for permanent residency must go through consular processing instead.
Additionally, the applicant must have entered the U.S. lawfully, which means they entered the country with a valid visa and were inspected by a U.S. immigration officer. In many cases, this means entering the U.S. through a designated port of entry with the proper documentation. A person who entered the U.S. without inspection or with fraudulent documents is generally not eligible for adjustment of status.
Another critical factor for students and exchange visitors is that they must be eligible for an immigrant visa. This could be through family sponsorship, employment, or other categories such as asylum or the diversity visa lottery. For many students, an immigrant visa is obtained through employment sponsorship, typically by a U.S. employer willing to file for their permanent residency. In other cases, a family member who is a U.S. citizen or permanent resident may file a petition on their behalf.
Attorney Susan W. Scheer attended Douglass College at Rutgers University and received her B.A. in 1974. She attended Georgetown University to get her M.A.T. in 1977 and went on to receive her J.D. from Georgetown as well in 1982. Susan is admitted to practice in New Jersey and before the United States Supreme Court.
Susan speaks Spanish, French, Hebrew, and Portuguese.
Important Considerations for F-1 Visa Holders
F-1 students are allowed to stay in the U.S. for the duration of their studies and, in some cases, for a period afterward to work under the Optional Practical Training (OPT) program. During this time, many F-1 visa holders may consider pursuing adjustment of status, particularly if they secure a job offer that qualifies for employment-based permanent residency.
F-1 students should be aware that the adjustment of status process may conflict with the “nonimmigrant intent” requirement of their F-1 visa. The F-1 visa is intended for individuals who plan to return to their home country after completing their studies. Applying for adjustment of status indicates an intention to stay permanently in the United States, which may raise concerns for U.S. Citizenship and Immigration Services (USCIS). As a result, F-1 students must carefully time their application for adjustment of status and ensure they maintain their lawful status while their application is pending.
It is also essential for F-1 students to maintain full-time enrollment in their academic program and follow all the rules of their visa. If they fall out of status or violate the terms of their visa, they could jeopardize their ability to adjust status. For example, if an F-1 student stops attending classes or works without authorization, they could face serious immigration consequences.
Considerations for J-1 Visa Holders
Exchange visitors in the U.S. under the J-1 visa program face a different set of challenges when applying for adjustment of status. Many J-1 visas come with a two-year home residency requirement, which means that after completing their program, the exchange visitor must return to their home country for at least two years before they can apply for certain types of visas or for adjustment of status. This requirement is designed to ensure that exchange visitors return to their home countries to share the knowledge and experience they gained in the U.S.
However, there are waivers available for the home residency requirement. A J-1 visa holder may apply for a waiver under specific circumstances, such as if they can demonstrate that returning to their home country would cause them extreme hardship or if their home country’s government does not require them to return. Additionally, a waiver may be granted if the exchange visitor’s skills are deemed critical to a U.S. government agency.
If a J-1 visa holder receives a waiver for the home residency requirement, they can proceed with an adjustment of status application. Without this waiver, they would need to fulfill the two-year home residency requirement before becoming eligible for adjustment of status.
Steps Involved in the Adjustment of Status Process
For students and exchange visitors who are eligible, the adjustment of status process begins with filing an immigrant petition, often through family sponsorship or employment. The first step for many applicants is to have an employer or family member file an immigrant petition on their behalf. Once the immigrant petition is approved, and a visa is available, the student or exchange visitor can file Form I-485, the Application to Register Permanent Residence or Adjust Status.
Filing Form I-485 is a crucial step, but it is not the only part of the process. Applicants must also undergo background checks, attend a biometrics appointment, and attend an interview with USCIS. During the interview, the applicant will need to provide evidence supporting their eligibility for adjustment of status. This may include proof of lawful entry into the U.S., proof of maintaining lawful status, and documentation of their immigrant petition approval.
The process of adjusting status can take several months or even longer, depending on the applicant’s circumstances and the current backlog of cases at USCIS. While waiting for their application to be processed, students and exchange visitors must continue to maintain their nonimmigrant status, such as their F-1 or J-1 status, to avoid being considered unlawfully present in the U.S.
Common Challenges in the Adjustment of Status Process
Although adjustment of status offers a pathway to permanent residency, the process can present several challenges for students and exchange visitors. One of the most common issues is maintaining lawful status throughout the process. Any lapse in status can lead to the denial of the adjustment of status application and potentially require the applicant to leave the U.S. and pursue consular processing from their home country.
Another challenge is proving that the applicant is not inadmissible to the United States. USCIS may deny an adjustment of status application if the applicant has engaged in certain activities, such as criminal behavior, immigration fraud, or working without authorization. Applicants may need to provide evidence of their good moral character and may even require a waiver for certain grounds of inadmissibility.
Students and exchange visitors should also be aware that changes in U.S. immigration policy or law could impact their eligibility for adjustment of status. Immigration laws and policies can change, sometimes with little notice, which could affect how USCIS processes applications or what evidence is required. Staying informed and working with an experienced immigration attorney can help applicants navigate these potential challenges.
For international students and exchange visitors in New Jersey, the adjustment of status process represents a significant opportunity to transition from a temporary visa to permanent residency. However, the process can be complicated and requires careful planning. Students and exchange visitors must ensure that they meet all the eligibility requirements, maintain their lawful status, and provide the necessary evidence to support their application. It is also important to stay aware of any changes in immigration law that could affect their case.
At The Scheer Immigration Law Group, we understand the challenges and opportunities that international students and exchange visitors face when applying for adjustment of status. Our team is committed to helping you navigate this complex process, ensuring that your rights are protected every step of the way. If you are a student or exchange visitor in New Jersey and are considering adjusting your status, contact us today to schedule a consultation. We will work with you to explore your options and guide you through the application process, helping you achieve your goal of becoming a permanent resident of the United States.