Understanding Employment-Based Adjustment of Status in New Jersey
If you are currently navigating the complexities of immigration law in New Jersey, particularly with regard to the Adjustment of Status process, you may feel overwhelmed, confused, or unsure about what steps to take next. This is completely normal, as the process can be intricate and filled with legal terms and procedures that may be unfamiliar. Whether you are applying through your employment or a family connection, you are not alone. We understand the emotional toll that these immigration proceedings can take, and we are here to help guide you toward a successful resolution. Our firm is deeply committed to providing clear guidance and compassionate support through every stage of your Adjustment of Status journey.
What is Employment-Based Adjustment of Status?
Employment-based Adjustment of Status is a legal process that allows foreign nationals who are already in the United States on a temporary visa to apply for lawful permanent residency (a green card) based on their employment. If you are in the U.S. under a work visa such as H-1B, L-1, or any other non-immigrant visa, you may be eligible to adjust your status to that of a permanent resident. This process does not require you to leave the United States, making it an attractive option for many individuals seeking to establish permanent residency.
The Adjustment of Status process for employment-based applicants is initiated by filing a series of forms with U.S. Citizenship and Immigration Services (USCIS). These forms demonstrate that you meet all necessary criteria to become a permanent resident, including showing that you have a qualifying job offer and meet all other eligibility requirements.
Eligibility Requirements for Employment-Based Adjustment of Status
Before you begin the Adjustment of Status process, it is important to make sure that you meet all eligibility requirements. These criteria include having a valid job offer from a U.S. employer and the appropriate qualifications to fill the position. In addition to this, you must have been lawfully admitted into the U.S. with a non-immigrant visa and maintained lawful status throughout your stay.
Many applicants also need to meet certain requirements related to their work experience, educational background, and the specific job position they are being sponsored for. For instance, some applicants may need to have a degree or specialized skills in order to qualify for certain employment-based green card categories. Navigating these requirements can be complex, and any mistakes or omissions could result in delays or denials. Our firm is experienced in helping clients understand and meet these requirements, ensuring that your application stands the best chance of success.
The Adjustment of Status Process in New Jersey
The process of obtaining an employment-based Adjustment of Status in New Jersey generally involves several steps, which must be completed carefully and accurately. Here’s a general outline of what you can expect during the process.
The first step is for your employer to submit a labor certification request to the Department of Labor. This certification ensures that there are no qualified U.S. workers available to fill the position you are being offered. Once that step is completed, your employer will file an immigrant petition on your behalf. This petition is known as Form I-140, and it serves as the basis for your Adjustment of Status application.
After your I-140 is approved, you can apply for Adjustment of Status by submitting Form I-485. This is the form that officially asks USCIS to grant you permanent residency. Along with the I-485, you will need to submit various supporting documents, such as proof of your identity, your immigration history, and any other paperwork that USCIS requires.
Once your I-485 is submitted, USCIS may request additional documents or even schedule an interview. It is important to be prepared for this step and to respond promptly to any requests made by USCIS. After your interview (if required), USCIS will review your application and make a decision. If everything goes smoothly, you will be approved for permanent residency and receive your green card.
From the initial consultation to the successful resolution of my case, their commitment to excellence was evident. Scheer Immigration Law Group not only provided legal expertise but also exhibited a genuine concern for my well-being throughout the journey.
I highly recommend Scheer Immigration Law Group for anyone seeking reliable and competent immigration services.
– Ashley Caceres
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– Alfonso Maltes
The Scheer Immigration Law Group is the perfect office to help us with our immigration matters. We have just finished preparing for our citizenship test and feel like we are ready to take on the world. Anybody that needs immigration help, I recommend them a million times over
– Cristina Castro
Challenges in the Adjustment of Status Process
While the Adjustment of Status process may sound straightforward, it is not always easy to navigate. There are many potential challenges that can arise during the application process, especially if there are issues with your application or your eligibility. Some of the most common challenges include incomplete paperwork, errors in the submission process, or delays in processing times. Additionally, if you have a criminal history, have overstayed your visa, or have violated the terms of your current immigration status, this could complicate your application.
Many applicants also face delays in processing times. It is not uncommon for the Adjustment of Status process to take several months or even years, depending on your individual circumstances. During this waiting period, you may feel uncertain or anxious about your future. This is where having the right legal team by your side can make all the difference. Our firm understands these challenges, and we are committed to helping you navigate each obstacle with ease, so you can focus on what matters most: your future in the United States.
How an Immigration Attorney Can Help You with Employment-Based Adjustment of Status
An experienced immigration attorney can be a vital asset when it comes to your Employment-Based Adjustment of Status case. They can help you understand the complex legal requirements and ensure that your application is properly completed. An attorney can also identify any potential issues with your case early on and work to resolve them before they cause delays or complications.
Additionally, an immigration lawyer can help you gather the necessary documentation and submit your application on time. With the assistance of an attorney, you can feel confident that your case is being handled with the attention and care it deserves. They can also help you understand your options if your application is delayed or denied and advise you on the best course of action to take moving forward.
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.
The Role of Your Employer in the Adjustment of Status Process
Your employer plays an important role in the Employment-Based Adjustment of Status process. In most cases, your employer must file the immigrant petition (Form I-140) on your behalf. Your employer must also provide the necessary documentation to show that they have offered you a legitimate job and that they are willing to sponsor you for a green card.
It is important to maintain open communication with your employer throughout this process. Your employer will need to provide accurate and timely information to support your application, and any delays or miscommunications can affect the outcome of your case.
Why You Should Choose The Scheer Immigration Law Group
The Adjustment of Status process can be complex, but you do not have to face it alone. At The Scheer Immigration Law Group, we understand how important it is to have a trusted advocate by your side during this journey. We are committed to helping you navigate the legal landscape with ease and ensuring that your application is handled with the utmost care and attention.
Our team has helped many individuals in New Jersey successfully navigate the Adjustment of Status process, and we are ready to help you too. Whether you are unsure about your eligibility, need help completing paperwork, or want guidance through each step of the process, we are here to provide the support you need. Our firm is dedicated to providing clear, compassionate legal representation that is focused on achieving positive results for you and your family.
If you are ready to take the next step in your immigration journey, don’t hesitate to reach out to us today. Let us help you achieve your goal of permanent residency and make your dreams of a brighter future in the United States a reality.
