ADJUSTMENT OF STATUS.

Adjustment of status is available to aliens who are already in the United States and are eligible to adjust their status to that of lawful permanent residency without leaving the US. Generally, all petitions for adjustment of status should be filed while an alien is maintaining a lawful presence in the US. There are limited exceptions to this rule that our attorney would be happy to discuss.

In our experience with numerous scenarios for adjustment of status, some being more complicated than others, the beneficiaries of our adjustment of status petitions receive their green cards within weeks.

Adjustment of status is available to aliens who are already in the United States and are eligible to adjust their status to that of lawful permanent residency without leaving the US. Generally, all petitions for adjustment of status should be filed while an alien is maintaining a lawful presence in the US. There are limited exceptions to this rule that our attorney would be happy to discuss.

While numerous combinations exist, possible adjustments of status scenarios are as follows:

  • H-1B to Employment Based Lawful Permanent Resident Status (green card)
  • H-1B to Family Based Permanent Lawful Resident Status (green card)
  • F-1 to Family Based Permanent Lawful Resident Status (green card)
  • B-1/B-2 to Family Based Lawful Permanent Resident Status (green card)
  • J-1 to Family Based Lawful Permanent Resident Status (green card)

There are a number of factors which can work to significantly delay an adjustment of status case or even result in a denial of an otherwise approvable petition. Many of these are minor factors which can be easily anticipated and avoided with an experienced immigration attorney. This is why it is best to choose an immigration attorney who has substantial experience with a wide variety of adjustment of status applications and is aware of constantly changing US federal government regulations.

Through our experiences working with clients, we have been told numerous stories regarding the ways their particular cases have gone wrong. These details can be as minor as method of payment to something more substantial such as failing to provide adequate evidence to support the petition. It is unfortunate that in many of these cases, even where an error was committed through no fault of the applicants, it is necessary to pay additional government and/or attorney fees to rectify the situation. Deciding to retain a responsible and well-versed immigration attorney to work on your case minimizes the chances of your application being delayed by many years or denied altogether.

Aliens and their petitioners should be aware that preparation of an adjustment of status petition is a procedure that takes time and significant effort. For this reason, as soon as an alien decides to adjust his status in the US, such alien should retain an immigration attorney.

L Intra company Transferees

Individual , within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity:

In order to obtain an L-1A visa, the applicant must have the following:
  • Job offer with parent, branch, subsidiary or affiliate company located in the USA
  • The job offer must be to perform services temporarily in a managerial or executive capacity
  • Must have been employed overseas by the parent company, branch, subsidiary or affiliate of the USA employer as an executive, manager or one with specialized knowledge for at least one continuous year within the past 3 years.
  • The L-1A visa will then be given for a period of 3 years, extendible in 2 year increments for a maximum of 7 years.
In order to obtain an L-1B visa, the applicant must have the following:
  • Job offer with parent, branch, subsidiary or affiliate company located in the USA
  • The job offer must be to perform services temporarily that require a specialized knowledge (as described above)
  • Must have been employed overseas by the parent company, branch, subsidiary or affiliate of the USA employer as an executive, manager or one with specialized knowledge for at least one continuous year within the past 3 years.
  • The L-1B visa will then be given for a period of 3 years, extendible for 2 years for a maximum of 4 years.

Evidence Required:

1- Evidence establishing a relationship between the US employer and foreign employer based on ownership and control through:
  • Annual reports
  • Articles of incorporation
  • Financial statements
  • Copies of stock certificates
2- Letter from beneficiary’s foreign employer which includes:
  • Dates of employment
  • Job duties
  • Qualifications
  • Salary
  • Documents that support all the above.
3-Description of the proposed job duties and qualifications for US petitioner i.e. evidence showing that the proposed employment is :
  • a) Executive; or
  • b) Managerial; or
  • c) Specialized knowledge capacity.