Navigating the Process of Adjusting from a Family Non-Immigrant Visa to a Family Immigrant Visa in New Jersey
For families residing in New Jersey who have come to the United States on non-immigrant visas, the prospect of adjusting their status to a family immigrant visa can be both exciting and daunting. The process involves several steps, paperwork, and adherence to specific guidelines. This article aims to provide a comprehensive overview of the process of adjusting from a family non-immigrant visa to a family immigrant visa in New Jersey.
Understanding the Difference: Non-Immigrant Visa vs. Immigrant Visa
A non-immigrant visa is typically issued for temporary stays in the United States, such as for tourism, business, study, or temporary work. On the other hand, an immigrant visa is granted to individuals who intend to permanently reside in the United States and eventually pursue lawful permanent resident status, commonly known as a green card.
Eligibility for Adjustment of Status
To be eligible for adjusting from a family non-immigrant visa to a family immigrant visa, the following criteria must generally be met:
Family Relationship: The applicant must have an immediate family member who is a U.S. citizen or a lawful permanent resident willing to sponsor them.
Petition Approval: The sponsoring family member must file a Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS) to establish the qualifying relationship.
Priority Date: The petition must be approved, and the applicant’s priority date must become current based on the visa bulletin published by the Department of State. The priority date determines when the immigrant visa becomes available.
Admissibility: The applicant must demonstrate that they meet the admissibility requirements set by the Immigration and Nationality Act, which includes factors such as health, criminal background, and national security.
The Adjustment of Status Process
Filing Form I-485: Once the I-130 petition is approved, the applicant must file Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents, fees, and biometric information. This form is submitted to the USCIS.
Biometrics Appointment: After filing Form I-485, the applicant will receive a notice for a biometrics appointment to provide fingerprints, photographs, and a signature.
Employment Authorization Document (EAD) and Advance Parole: While the adjustment of status application is pending, eligible applicants may also apply for an EAD and Advance Parole document, allowing them to work and travel outside the United States during the processing period.
Interview: USCIS may schedule an interview with the applicant to assess the validity of the marriage or family relationship, verify the provided information, and review any additional evidence.
Decision: After the interview, USCIS will issue a decision on the adjustment of status application. If approved, the applicant will be granted lawful permanent resident status and receive a green card.
Conditional Residence (if applicable): In some cases, when the marriage between the petitioner and beneficiary is less than two years old at the time of the green card approval, the beneficiary will receive a conditional green card, valid for two years. After two years, the conditional resident must apply to remove the conditions and obtain a permanent green card.
Adjusting from a family non-immigrant visa to a family immigrant visa in New Jersey involves a detailed process that requires careful adherence to specific guidelines and documentation. It is crucial to understand the eligibility requirements and follow the correct procedures to increase the chances of a successful adjustment of status. Engaging the services of an experienced immigration attorney can help streamline the process and ensure that all necessary steps are completed accurately and efficiently, making the journey toward lawful permanent residency in the United
How The Scheer Immigration Law Group Can Help You with Immigrant Visa in New Jersey
The process of obtaining an immigrant visa in New Jersey can be complex and overwhelming. At The Scheer Immigration Law Group, we understand the challenges individuals and families face when seeking to adjust their status. Our team of experienced immigration attorneys is dedicated to providing comprehensive legal assistance to guide you through every step of the process. Allow us to outline how our firm can assist you in processing your immigrant visa in New Jersey.
Experienced Guidance and Support
Assessment of Eligibility: Our immigration attorneys will carefully review your unique circumstances and determine your eligibility for an immigrant visa. We will examine your family relationship, assess the priority date, and ensure that you meet the necessary admissibility requirements.
Petition Preparation: We will meticulously prepare and submit the required forms, including the Form I-130, Petition for Alien Relative, ensuring that all necessary supporting documents and evidence are included. Our goal is to present a compelling case that demonstrates the authenticity of your family relationship and establishes your eligibility for an immigrant visa.
Visa Bulletin Monitoring: Our team will closely monitor the monthly visa bulletin published by the Department of State to track the progress of your priority date. We will keep you informed about any changes or advancements that may impact your case.
Adjustment of Status Application: With our knowledge in immigration law, we will guide you through the preparation and submission of the Form I-485, Application to Register Permanent Residence or Adjust Status. We will ensure that all required supporting documents are properly compiled, fees are paid, and biometric information is provided.
Interview Preparation: If an interview is scheduled with the USCIS, we will meticulously prepare you for the process. Our attorneys will conduct mock interviews, familiarize you with potential questions, and ensure you are fully prepared to present your case confidently.
Legal Representation: Throughout the entire process, our dedicated attorneys will provide skilled representation, advocating for your best interests. We will communicate with the USCIS on your behalf, handle any requests for additional evidence, and address any potential challenges that may arise during the process.
Conditional Residence: In cases where a conditional green card is issued, our firm will guide you through the process of removing the conditions and obtaining a permanent green card after the two-year period.
Client-Centered Approach
At The Scheer Immigration Law Group, we prioritize client satisfaction and ensure that your needs are met throughout the immigrant visa process. Our compassionate attorneys understand the significance of this journey for you and your family. We are committed to providing personalized attention, answering your questions promptly, and keeping you informed at every stage of the process.
Experience and Success
With years of experience in immigration law, our firm has successfully assisted numerous individuals and families in New Jersey with their immigrant visa applications. Our track record speaks to our proficiency, attention to detail, and commitment to achieving positive outcomes for our clients.
Obtaining an immigrant visa in New Jersey requires proficient legal guidance and support. The Scheer Immigration Law Group is dedicated to helping you navigate the complex process with confidence. Our team of experienced immigration attorneys will guide you through each step, ensuring that your application is meticulously prepared and advocating for your best interests. Contact us today to begin your journey toward obtaining an immigrant visa and achieving lawful permanent resident status in the United States.
