How to Prove Eligibility for Adjustment of Status in New Jersey

Adjusting your status to become a lawful permanent resident in the United States can be a complex process, but for many, it is the path to fulfilling their dreams of building a life in this country. In New Jersey, as in other states, this process requires a thorough understanding of the requirements and procedures established by U.S. Citizenship and Immigration Services (USCIS). While the journey to adjust your status can seem overwhelming, knowing how to prove your eligibility is the first step toward success.

Adjustment of status allows individuals who are already in the U.S. to apply for a green card without needing to leave the country. Instead of having to return to your home country to apply for permanent residency, the adjustment of status process offers the convenience of applying from within the United States. However, proving eligibility for this process involves meeting specific criteria, which are essential to ensuring your application moves forward. The Scheer Immigration Law Group provides comprehensive guidance and personalized legal support for individuals navigating the adjustment of status process.

Understanding the Basics of Adjustment of Status

Before diving into the specifics of proving eligibility, it’s important to understand what adjustment of status entails. Adjustment of status refers to the process of changing from a temporary, non-immigrant status to that of a lawful permanent resident (green card holder). This pathway is typically available to individuals already in the U.S. on a valid visa or another legal status. One of the most common scenarios for adjusting status is for those who have entered the U.S. legally and now wish to apply for permanent residency, often based on family sponsorship, employment, or another qualifying category.

New Jersey residents considering adjustment of status must meet several requirements to demonstrate their eligibility. These include legal entry into the U.S., maintaining lawful status, having an immigrant visa immediately available, and being otherwise admissible to the U.S. Each of these requirements plays a critical role in the application process.

Legal Entry into the United States

The first major requirement for adjustment of status is proving that you were lawfully admitted into the United States. This means that when you entered the country, you did so through a legal port of entry and with valid documentation. This requirement is non-negotiable and is key to proving your eligibility. If you entered the U.S. without inspection or overstayed a visa, your eligibility for adjustment of status may be jeopardized, although there are exceptions in certain circumstances.

For those who entered legally, the burden of proof is on the applicant to provide documentation showing their legal admission. This typically includes documents such as a passport with an entry stamp, a visa, or an I-94 arrival/departure record. Having these documents ready and available is essential when you file for adjustment of status.

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.

Maintaining Lawful Status

In addition to legal entry, applicants for adjustment of status must demonstrate that they have maintained lawful status throughout their stay in the U.S. This means that you have not violated the terms of your visa or other legal status. For example, if you entered the U.S. on a tourist visa and then overstayed beyond the authorized period, this could affect your eligibility.

However, there are exceptions to this rule for certain categories of applicants. For example, those who are immediate relatives of U.S. citizens (spouses, parents, or children under 21) may still be eligible for adjustment of status even if they have violated their status by overstaying a visa. It is important to fully understand your specific circumstances and any potential exceptions that may apply.

Proving that you have maintained lawful status involves providing documentation of your visa history, including visa extensions, changes in status, or other relevant immigration decisions. USCIS will carefully review your immigration history to ensure you meet this eligibility requirement.

Having an Immigrant Visa Immediately Available

Another key requirement for adjusting status in New Jersey is demonstrating that an immigrant visa is immediately available to you. This means that there is no waiting period for a visa to become available based on your preference category. Immediate relatives of U.S. citizens do not face this issue, as visas are always available for them. However, other categories, such as family preference and employment-based visas, may require applicants to wait for their priority date to become current before they can apply for adjustment of status.

The availability of an immigrant visa is determined by the Visa Bulletin, which is published monthly by the U.S. Department of State. It lists the priority dates for various visa categories, helping applicants understand when they can apply for adjustment of status. If a visa is not immediately available, applicants must wait until their priority date is reached before they can proceed.

To prove eligibility under this requirement, applicants should include documentation showing that their priority date is current, as well as evidence of their qualifying relationship or employment. Understanding the complexities of the Visa Bulletin and how it applies to your situation is crucial for ensuring your application is submitted at the right time.

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Being Admissible to the United States

The final major requirement for adjustment of status is proving that you are admissible to the United States. USCIS will evaluate whether you meet the admissibility criteria, which includes factors such as criminal history, health, security risks, and other issues that could disqualify you from receiving a green card.

Certain health conditions, past criminal convictions, or previous immigration violations may render an applicant inadmissible. However, in some cases, applicants may be eligible for a waiver of inadmissibility. These waivers are not automatically granted and require a thorough legal argument to demonstrate why the waiver should be approved.

To prove your admissibility, you may need to provide medical records, police certificates, and other documentation that addresses any potential concerns in your background. The process of proving admissibility is one of the more complex aspects of adjusting status, and it is essential to ensure that all aspects of your history are thoroughly documented and explained.

Filing the Necessary Forms for Adjustment of Status

Once you have gathered all the documentation needed to prove your eligibility for adjustment of status, the next step is to file the necessary forms with USCIS. The primary form for adjusting status is Form I-485, Application to Register Permanent Residence or Adjust Status. Along with this form, you may also need to submit additional forms based on your individual circumstances, such as Form I-130 (Petition for Alien Relative) or Form I-140 (Immigrant Petition for Alien Worker), among others.

Submitting these forms requires careful attention to detail, as any errors or omissions can delay your case. Additionally, each form requires supporting documentation, including evidence of your legal entry, proof of your relationship or employment, and other materials that demonstrate your eligibility. Filing fees must also be included with your application, unless you qualify for a fee waiver.

Preparing for the Adjustment of Status Interview

After submitting your application, most applicants for adjustment of status will be required to attend an interview with USCIS. The purpose of the interview is to verify the information in your application, confirm your eligibility, and address any concerns the immigration officer may have about your case.

During the interview, you will need to provide original versions of the documents submitted with your application. You may also be asked questions about your immigration history, your relationship with your sponsor, or other details related to your eligibility. It is important to prepare thoroughly for this interview to ensure you can confidently respond to any questions.

The interview is a critical part of the adjustment of status process, and applicants should treat it with the seriousness it deserves. Your ability to clearly explain your case and present your documentation can have a significant impact on the outcome of your application.

The Role of Legal Guidance in the Adjustment of Status Process

Navigating the adjustment of status process can be a daunting task, especially when dealing with complex eligibility requirements, extensive documentation, and the potential for interview questions. Having the right legal guidance can make all the difference. Working with an immigration law firm that understands the nuances of immigration law and the specific requirements in New Jersey is essential to improving your chances of success.

Whether you are applying based on family sponsorship, employment, or another category, proving eligibility for adjustment of status requires a deep understanding of U.S. immigration law and careful attention to detail. Every step of the process is important, and having a knowledgeable guide can help you avoid common mistakes, navigate the complexities of the Visa Bulletin, and prepare for your USCIS interview.

If you are seeking to adjust your status in New Jersey and are unsure where to begin or need assistance in proving your eligibility, The Scheer Immigration Law Group is here to help. With years of experience guiding individuals through the immigration process, our team is dedicated to ensuring that your application is filed correctly and that you receive the support you need every step of the way. Contact us today to discuss your case and take the first step toward becoming a lawful permanent resident. Call our office or visit our website to schedule a consultation and learn how we can assist you.