How to Maintain Your Status While Awaiting Adjustment in New Jersey
If you’re in New Jersey and waiting for an adjustment of your immigration status, you may be feeling a mix of emotions—confusion, worry, and uncertainty. It’s a challenging process, and it can seem like there are a lot of moving parts. You might be wondering what you need to do to ensure you maintain your status while you wait. Understanding how to navigate this process is crucial to achieving a successful outcome, and it’s something that we at The Scheer Immigration Law Group are here to help you with.
Understanding Adjustment of Status
First, let’s take a moment to understand what adjustment of status means. Adjustment of status is a process that allows an individual to apply for lawful permanent resident status (a green card) while remaining in the United States. For most applicants, the adjustment of status process begins once you are eligible for a green card but are already living in the U.S. and wish to stay here during the application process.
When you’re awaiting your adjustment, your immigration status in the country must be carefully managed to avoid complications. If you don’t take the necessary steps, you risk losing your chance to stay in the country. That’s why it’s so important to maintain your status during this period.
The Importance of Maintaining Legal Status
Maintaining your legal status while waiting for your adjustment of status is critical. If you fall out of status, even temporarily, it could jeopardize your green card application. Being out of status can lead to delays, denials, or even deportation in some extreme cases. For those who enter the U.S. illegally or have overstayed their visa, maintaining your status becomes even more vital.
In general, if you’re already in the U.S. and awaiting adjustment, you should make sure you are compliant with the terms of your stay. This can include things like making sure your visa is still valid, staying in the U.S. legally, and adhering to the rules set out by immigration authorities.
If you’re in the process of applying for adjustment of status, it’s essential to avoid certain actions that could affect your case. For instance, leaving the U.S. without proper permission or engaging in unauthorized work can have negative consequences. This is why it’s always advisable to consult with an immigration attorney who can guide you through the process and help ensure that you stay on the right track.
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.
Common Issues That Can Affect Your Status
Several situations can affect your status while waiting for adjustment of status. Some common issues include unlawful employment, travel outside the U.S. without approval, or failing to comply with reporting requirements. These violations can complicate your case, leading to potential denial of your application.
If you are working without authorization or engaging in activities that might violate the terms of your stay, this can negatively affect your adjustment of status application. It’s essential to keep track of your visa status and avoid any actions that could be considered a violation. If you aren’t sure whether your actions might be considered a violation, it’s best to seek guidance from a legal professional who is familiar with immigration laws.
Traveling While Awaiting Adjustment of Status
Traveling outside of the U.S. while awaiting your adjustment can be a tricky situation. When you leave the U.S., your application may be considered abandoned, and it can be harder to return. In most cases, it’s best to stay within the U.S. while your adjustment of status application is pending. If you must travel, make sure to apply for advance parole before leaving the country.
Advance parole is a permission granted by U.S. Citizenship and Immigration Services (USCIS) that allows you to re-enter the U.S. after traveling abroad without abandoning your application. Without advance parole, leaving the country while waiting for your adjustment can complicate things and may result in being unable to return to the U.S.
Before making any travel plans, it’s essential to consult with an immigration attorney to ensure you won’t harm your case by leaving the country.
Unauthorized Work and Other Violations
While your adjustment of status application is pending, you may wonder if it’s okay to work. The general rule is that you cannot work without authorization. Unauthorized work can harm your application and may lead to denial. If you’re currently working without proper authorization, it’s important to stop immediately and seek legal advice about your options.
However, if you have applied for an employment authorization document (EAD) and it’s been approved, you may legally work while awaiting your adjustment. The EAD is issued by USCIS and grants you the right to work while your case is pending.
In general, it’s vital to ensure that you have the proper documentation before taking any steps that involve employment or travel.
The Role of an Immigration Attorney in Maintaining Status
Navigating the process of maintaining status while awaiting adjustment can be overwhelming. With the ever-changing nature of immigration laws, it can be difficult to keep up with all the details of your case. This is where an experienced immigration attorney comes in.
An immigration attorney can help you understand your current status, advise you on what actions you should take, and provide support throughout the entire adjustment of status process. They can also help you avoid mistakes that could harm your case.
If you’re unsure about anything, or if you have specific concerns, an immigration lawyer can offer personalized guidance to ensure your case progresses smoothly. They’ll assist you with submitting the correct documentation, navigating requests for additional information, and following the legal requirements throughout the process.
What To Do If You’re in a Complex Situation
If you find yourself in a situation where you are facing challenges or have already violated the terms of your status, it’s even more critical to get legal help. For example, if you’ve been working without authorization or left the U.S. without advance parole, you may face serious consequences.
The good news is that there are often solutions available for complex situations. An experienced immigration attorney can work with you to find the best course of action and help you get back on track. They can help you understand any potential consequences, guide you through the process of fixing your status, and help you submit the correct forms to avoid any future issues.
How We Can Help You Maintain Your Status
At The Scheer Immigration Law Group, we understand how stressful the adjustment of status process can be. We know that it’s easy to feel uncertain and overwhelmed when you are dealing with immigration issues. Our team is here to offer the support you need to ensure your case moves forward successfully.
We are committed to providing you with the guidance and legal expertise you need to maintain your status and avoid any mistakes that could complicate your adjustment process. We’ll work closely with you to ensure that you are in full compliance with the law and that your case has the best chance of success.
If you’re facing challenges or need help with your adjustment of status case, don’t hesitate to reach out to us. Our team is ready to help you navigate the process and fight for the best possible outcome for your case.
Maintaining your status while awaiting adjustment of status can be a complicated and sometimes daunting process. However, with the right legal guidance and support, you can confidently navigate this period and work toward a successful outcome.
If you need help understanding how to maintain your status or if you’re facing any issues related to your immigration case, we’re here to help. At The Scheer Immigration Law Group, we can help you make sure your case is handled properly and that you are on the path to a successful adjustment of status. Contact us today to schedule a consultation and discuss your situation in more detail.
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