Adjustment of Immigration Status Lawyer
Kannan Law provides all the assistance necessary to adjust your immigration status
Immigrating to any country is a situation that generates a lot of uncertainty; the United States is no exception. Therefore, it is important to have a good lawyer to help you with this type of procedure, which must be done at the time it is needed to avoid problems with immigration laws that could result in the application of severe punishments such as deportations, fines or any other type of penalty. If you want to know in which cases you can or cannot resort to adjusting your immigration status, we recommend you continue reading.
You can request an adjustment of immigration status in the following cases:
- A foreign husband or wife of a citizen of the United States of America who currently resides WITHIN the US.
- After entering the country LEGALLY using a valid visa or Visa Waiver Program. You must also meet all of the following requirements:
- If you are a foreign spouse, you must have an unexpired passport from your country of birth/nationality.
- You should be able to prove that you entered the United States legally. This can be done by presenting the visa issued by a United States consulate prior to entry, or a white or green I-94 (W) card processed at the airport or border.
- Your marriage to your United States citizen husband or wife must be valid. What this means is that both should have been free to marry, that is; You should not be married to anyone else, or your previous marriages would have to have ended in divorce or the death of your ex-spouse.
- The foreign spouse and the United States citizen should be legally married and have done so for the purpose of uniting their lives, not for immigration benefit purposes.
- Another condition is that the foreign spouse must not have been convicted of a crime and must not have a history of deportations, removals, and detentions by the Department of Homeland Security. He may be able to obtain exemptions in this regard, but this should be carefully discussed with lawyers specializing in the matter.
- The spouse, who is a citizen of the United States, should have filed taxes with the IRS for the last 3 years; they need to be gainfully employed, in which she earns a salary higher than the minimum income prescribed by the United States. Be sure to check Form I-864P for current income guidelines, as they are always changing.
Please note that you will not be eligible in the following cases:
- If the foreign spouse did not enter the United States LEGALLY, that is, without being inspected, paroled, or admitted by a USCIS officer at the airport or border. The exception is if you meet the requirements of section 245(i) as detailed below.
- If the foreign spouse entered the United States without a visa while transiting to another country.
- If the foreign spouse is a J1 or J2 visitor who must submit to the two-year foreign residency requirement and has not received an exemption. This type of exemption may be available, but you must consult us beforehand.
If the foreign spouse entered the country using the K1 fiancé visa but ended up marrying someone who is not a US citizen who originally filed the K1 visa application,
Section 245(i): Another option in your favor
- This provision of the law allows people to remain in the United States while they adjust their status, even if they entered the country illegally (without parole, admitted, or inspected by a DHS officer at the airport or border). This applies if you obtained a labor certification or visa application submitted by you and both were approved.
Why should you hire an immigration lawyer?
To live peacefully within the United States, it is important to be up to date with all legal processes, and the first step to do so is to hire an immigration lawyer. This professional will help you with everything related to adjusting your immigration status. In this way, you will be able to enjoy life to the fullest within this nation. Therefore, if you need help, do not hesitate to call us. The lawyers at Kannan Law have experience in immigration cases, so we are capable of assisting you throughout your process, always bringing it to a successful conclusion.
Frequently Asked Questions
In what cases can I request an adjustment of immigration status in California?
You can apply for adjustment of immigration status if you are a foreign spouse of a U.S. citizen and meet certain legal requirements, such as having entered the country legally using a valid visa or a Visa Waiver Program, among others. At Kannan Law, we understand the details of these requirements and can guide you through the process to ensure you meet all necessary conditions.
What are the conditions to be eligible for an adjustment of immigration status?
To be eligible, you must prove that you entered the United States legally, that your marriage to a U.S. citizen is valid, and that you have no criminal record or history of deportations. Additionally, the American spouse must meet certain income requirements and file taxes with the IRS for the last 3 years. At Kannan Law, we are prepared to evaluate your case and determine your eligibility for adjustment of immigration status.
What options do I have if I am not eligible to adjust my immigration status?
If you do not meet the requirements for an adjustment of immigration status, you may still have options available to you, such as Section 245(i) of the immigration law. This legal provision allows people to remain in the United States while adjusting their status, even if they entered the country illegally. At Kannan Law, we can analyze all available options and help you determine the best course of action for your specific situation.
Why should I hire an Immigration lawyer for my case?
Hiring an immigration attorney is essential to ensuring that your immigration status adjustment process goes smoothly and properly. An experienced attorney at Kannan Law can provide you with the necessary legal advice, ensure that you comply with all legal requirements, and represent you before the relevant authorities. With our support, you can be sure that your case will be in good hands and that you will have the best chance of success in your immigration process.
How can Kannan Law help me in my adjustment of the immigration status process?
At Kannan Law, we are committed to providing you with all the assistance necessary to successfully adjust your immigration status. Our team of immigration attorneys has the experience and knowledge to guide you through every stage of the process, from assessing your eligibility to submitting your application and representing you before the relevant authorities. Our goal is to ensure that you can enjoy a full and peaceful life in the United States, and we are here to help you achieve that.