Who qualifies for adjustment of status in San Antonio?

San Antonio. TX – Undocumented immigrants in the US can use adjustment of status to file for a Green Card and gain legal permanent resident status. Adjustment of status can also be used if a foreign national is facing a deportation procedure. In order to take advantage of this law, you must make sure you meet the requirements, have the necessary documents in order and file your application without any mistakes in it. Also, you need to keep in mind that adjustment of status is not an automatic process. US Citizenship and Immigration Services (USCIS) officials have discretionary powers and your application might be rejected for various reasons. These are known as bars to adjustment of status. 

Who is eligible for adjustment of status in San Antonio?

If you live in Texas you must understand that the state does not have its own immigration laws. Everything is done under federal law and your paperwork will go through the USCIS. However, San Antonio immigration lawyers can assist you with the paperwork and with collecting all the documents required. 

Here are the main requirements for adjustment of status:

Be physically present in the US – If you are outside the US, you need to apply for a visa at the local US consulate. 

Have entered the US legally – Under USCIS regulations, this means the immigrant was properly inspected by a US border official and allowed into the country. 

Have your immigration petition approved – This applies to those who opt for family-based immigration before filing for adjustment of status. If you have an immediate relative who is a US citizen you may file both applications at the same time. 

No change in circumstances – If you file for adjustment of status based on marriage, your application will be denied if you get a divorce while the application is pending. The same applies if you have a  parent who is a US citizen but they die before your application is approved. 

If you’re using employment-based adjustment of status, your application will be rejected if you lose your job. 

Check visa availability – The USCIS uses a quota system for the various types of immigration visas. You cannot file an application if there is no visa available in your category.

Why would my adjustment of status application be denied?

As mentioned above, this is a discretionary decision of the USCIS official looking into your case. Your application may be denied if there are negative factors. For instance, certain convictions may make you ineligible for adjustment of status.

At the same time, if the USCIS official suspects that you did not enter into matrimony in good faith, but only for immigration purposes, they may reject your application.

In such cases, it is essential that you have a knowledgeable lawyer representing you.

If you are preparing to apply for  adjustment of status and want to make sure there won’t be any problems,  get in touch with an experienced lawyer at the Law Office of J. Joseph Cohen in San Antonio and let them deal with all the paperwork involved. 

Contact info:

Law Office of J. Joseph Cohen

San Antonio, TX

206 East Locust Street

San Antonio, TX 78212

Phone: (210) 769-3273

Source: US Citizenship and Immigration Services (USCIS)

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