Your circumstances can change surprisingly quickly after moving to the United States, and this might necessitate a “change in status.” For example, you might meet someone new while staying in the country on a temporary visa, and you might become eligible to pursue permanent residency after getting married. You might also arrive in the United States on a temporary work visa before finding a more permanent career path. Many situations can lead to an adjustment in status, and you can work with an experienced immigration lawyer in Dallas to explore your various options. Your pathway toward permanent residency and citizenship could be easier than you realize, especially with the right legal assistance.
What Does it Mean to “Adjust Your Status?”
In the immigration world, “adjusting your status” involves switching to a new visa while you are already in the United States. Often, it is possible to do this without leaving the country first.
People take this step in order to pursue permanent residency. Unlike a temporary visa, permanent residency allows you to stay in the United States for much longer (usually 10 years). You can also redeem your permanent residency indefinitely, so the 10-year limit is largely irrelevant.
Adjusting your status is also the first step toward citizenship, which is an important priority for many new arrivals in the United States. With citizenship, you get important new rights and access to more government benefits. Perhaps more importantly, citizens can never be deported. This means that even if you commit a “crime of moral terpitude” at some point in the future, the government cannot force you to leave the country.
Determining Whether You are Eligible to Adjust Your Status
The first step in this process is to determine whether you are eligible to adjust your status in the first place. Remember, you can only adjust your status if you were legally admitted into the country when you first arrived. If you came across the border without checking in with immigration and customs officials, you may not be able to adjust your status.
If you find yourself in this situation, consider speaking with an experienced immigration lawyer. It may still be possible to pursue permanent residency, but a more complex pathway could be necessary. Among other things, you may need to leave the country before applying for a new visa. However, this could be a risky move considering recent immigration policy changes in the current administration.
Another requirement involves your criminal record. If you have certain convictions on your record, you might be ineligible to pursue an adjustment of status. That being said, you should not give up hope just because you have received a few traffic infractions. Speak with an experienced immigration lawyer to determine whether your criminal record will prevent you from adjusting your status.
Finally, you may be ineligible to adjust your status if you lie or misrepresent facts during any interactions with immigration officials. The government deals with this behavior quite strictly, and you might even face additional consequences for lying on an application form. Always fill these forms out carefully, perhaps with assistance from a lawyer. You should also avoid lying during consular interviews at all costs.
Common Ways to Adjust Your Status
The two main ways to adjust your status are through family and employment. However, you may enter the United States on a wide variety of visas. These include student visas, temporary work visas, or even basic travel visas. As long as you are eligible to adjust your status, you can do so regardless of how you entered the country.
If you plan to adjust your status based on a family pathway, you may apply for various permanent residency visas. Perhaps the most obvious pathway involves marriage. However, there are various ways to pursue permanent residency through marriage.
You do not necessarily need to get married to a U.S. citizen. You might also get married to someone who is already a permanent resident. In addition, you can apply for permanent residency if you’re the fiancé of a U.S. citizen. However, this visa is not available for fiancés of permanent residents.
You can also adjust your status through employment. For example, you might have entered the United States on a temporary work visa. After working in the country for a few months, you might receive a permanent job offer. If this happens, you may be able to adjust your status and apply for a longer-term work visa.
Keep in mind that most employment pathways toward permanent residency involve advanced skills, experience, and qualifications. For example, you might have an advanced degree in engineering. Perhaps you have years of experience working in an emerging financial sector. Whatever the case may be, you can leverage your employment background to pursue permanent residence. If you lack these qualifications, it may be challenging to adjust your status in this manner.
Aside from family and employment, there are a few other ways to adjust your status. These methods include seeking asylum or refugee status. You might also pursue permanent residency if you entered the United States as a victim of a certain crime, like human trafficking. However, these methods are somewhat obscure, and most people adjust their status through either employment or family pathways.
Can a Dallas Immigration Lawyer Help Me Adjust My Status?
If you are ready to adjust your status and leave your temporary visa behind, consider speaking with an experienced immigration lawyer in Dallas. These legal professionals can guide you toward a positive outcome, regardless of your unique circumstances. One of the first steps you will need to take is determining the most appropriate pathway toward permanent residence. This might involve family pathways, work visas, and other options. From there, your immigration lawyer can help you fill out the necessary application forms and overcome any barriers along the way. Speak with Presti Law Firm today about your new, more permanent life in the United States.