Don’t Let Inadmissibility Get In the Way of Adjustment of Status
Immigrants who apply to become a permanent resident of the United States navigate through a process called “adjustment status.” But if you previously were classified as inadmissible, or fear you will be, don’t let that get in the way of applying for your adjustment status.
What Is Adjustment Status?
Someone who wishes to change their immigration status, such as a temporary visa holder or maybe they do not currently have immigration status, to obtain permanent resident status with a green card goes through the application process called “adjustment status.”
When someone applies for adjustment status, they’ll have to submit various forms and documents, such as Form I-485 and their passport, as well as sit for an interview with officials at the U.S. Citizenship and Immigration Services.
If the immigrant is not excused from proving that they’re not inadmissible, they’ll also need to fill out a USCIS Form I-944, the Declaration of Self-Sufficiency.
What Is Inadmissibility?
When the United States deems someone inadmissible, it means the country will not permit them by law to enter or remain in the United States. The Immigration and Nationality Act sets forth grounds for inadmissibility.
If the country deems you inadmissible, you will want to apply for a waiver.
Why Would Someone Be Inadmissible To The United States?
The United States may rule someone inadmissible to the country because of:
- criminal activity,
- national security,
- public charge,
- COVID-19 testing
- lack of labor certification (if required),
- fraud and misrepresentation,
- prior removals,
- unlawful presence in the United States
Depending on the classification of inadmissibility, it may be possible for a person to obtain a waiver for that inadmissibility, according to the U.S. Citizenship and Immigration Services.
Some people who meet certain exceptions, such as they have been battered, abused, or subjected to extreme cruelty, or are victims of severe forms of trafficking and minors, may be allowed an exception.
Is It Worth Hiring An Immigration Lawyer?
Immigration law continually evolves and can feel overwhelming when trying to ensure you don’t get denied.
If you’re currently applying for adjustment status, reach out to Fay, Grafton & Nunez’s lawyers right away. Our team possesses vast experience fighting for our clients and winning their immigration cases.
Your case will depend on multiple variables such as criminal record, your point of entry, how long you’ve been in the country, your relatives’ status, your health, and multiple other factors. Our lawyers understand even one small detail can make or break your case, giving you the best shot at obtaining your status adjustment.