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What is Adjustment of Status?
Adjustment of status is transitioning from a legal non-immigrant to a permanent resident, commonly known as getting a green card. Through the process, you don’t need to leave the United States to complete visa processing. One common avenue of adjustment of status is through marriage.
If you entered the US lawfully and have married a US citizen, you may be able to apply for adjustment of status through marriage. The successful completion of the process enables you to establish your lawful residency through a bona fide marital relationship. Since it is a life-altering transition, seek legal counsel from a law firm in Southern California.
What Are the Common Hurdles in Adjustment of Status?
The process can have complexities, and it would be in your best interest to understand how to navigate them. It entails more than paperwork; successful completion opens your doors for stability and life-long opportunities. So, work closely with marriage-based immigration lawyers in the Inland Empire to help you overcome common challenges:
Mistakes in Filling Out the Forms
What you may assume to be a minor mistake could stand between you and your dream of adjusting your status through marriage.
Immigration forms require a lot of information, which can be tedious and confusing, especially if English is your second language.
Even if you commit honest mistakes, immigration officials may see inconsistencies as fraud or suspicion, a headache you want to avoid. Immigration lawyers can review the paperwork for inaccuracies that could harm your application.
Omitting Crucial Relationship Details
You must be honest and transparent about your relationship in your marriage-based green card application. Hiding any information that could raise doubts can work against you once the immigration officers discover it after vetting your union.
Typical relationship details that many applicants tend to omit but which should be revealed include the following:
- Any separation after marriage
- Significant gaps in time spent together
- Significant age differences
- Getting married shortly after meeting
- Inability to communicate in the other party’s language.
The Inland Empire marriage-based immigration lawyer can advise you openly about any unique details about long-distance dating, cohabiting, or how you met and how to capture them. While being truthful won’t guarantee approval, it will minimize your risk of getting into legal problems.
Not Attaching Required Documents
Another common mistake that applicants for the marriage-based green card make is failing to include all the necessary supporting documents in their application package. Filling out the forms is not enough; you must provide official documents validating the details provided.
Required documents, but which many applicants forget to attach, include the following:
- Marriage certificate
- Birth certificate
- Recent photos
- Passports and proof of legal entry into the US
- Financial records
- Divorce decree if previously married
- Medical Exam findings
Ensuring you provide all the documents the immigration agency requires is critical. Don’t wait until you receive a “Request for Evidence” to submit the necessary documents. Doing so may delay or derial the processing of your application, given the workload the agency handles at any given time.
Lengthy Processing Times
The time it takes to process the adjustment of status applications can be lengthy and frustrating. You may wait several months to a year before approval. Some factors that may contribute to the lengthy waiting times are high application volumes, staff shortages at the agency, and requests for additional evidence.
The delay can impact any significant decisions that rely on the approval. Unfortunately, there’s little you can do to expedite the process, but you can minimize the risk of further delays by ensuring your application is not flawed.
Financial Constraints
Green card application costs can be high for some applicants, and coming up with the entire amount can be challenging. The expenses include lawyer fees, filing fees at the USCIS, medical check-up costs, and the cost of acquiring supporting documents and materials.
Consider preparing the financial costs before submitting your application for peace of mind when the charges are required. Planning realistically for the expected costs can minimize delays and disappointments.
Maintaining Immigrant Status
In some cases, your adjustment of status application could be jeopardized if you lose your immigration status before you submit your application. Maintaining your legal status by adhering to paperwork deadlines and work privileges is essential to avoid getting on the wrong side of the law.
Stay updated with the expiration dates on your current visa or work permit to make planning easier. Don’t forget your rights and responsibilities to safeguard your lawful presence in the country.
Interview Preparation
At some point during your application, the USCIS may invite you for one or more interviews to verify the details you provide. Applicants tend to fail at this stage for lack of adequate preparation, but you can avoid this misfortune from befalling you.
Marriage-based immigration lawyers in the Inland Empire highlight the following mistakes you should avoid when attending the interviews:
- Not bringing original documents to support your applications
- Lack of documents showing changes in your life situation
- Not having translated versions of your foreign-language documents
- Saying too much to the USCIS officers and offering information that they didn’t ask for
- Providing false information to the USCIS officer evaluating your case
- Arguing with USCIS officers
An Experienced Immigration Lawyer Helping You Navigate Adjustment of Status
If you come to the US and legalize a marital union with a citizen or lawful permanent resident, the next most important part of your journey is to apply for adjustment of status to acquire the relevant legal documents. Experienced lawyers from a law firm in Southern California can provide legal insights for a favorable outcome.
The Espinoza Law Group has experienced marriage-based immigration lawyers who can evaluate your case. We understand how important this process is for you, and we can work to ensure you achieve the American dream. Call us at 213-667-0701 for free case screening.
