Long Island Adjustment of Status Attorney

Marriage and Family Based Adjustment of Status

Generally, a petitioner’s relative who has been inspected and admitted or paroled into the United States is not otherwise inadmissible, and has a visa number that is immediately available at the time of filing, is eligible to adjust status to a legal permanent resident with his or her interview, if needed, conducted in the United States unlike consular processing where the interview is overseas.

Applicant was Inspected and Admitted or Paroled, and is Not Inadmissible

Generally, a person is “inspected and admitted” after an immigration officer allows the person entry into the United States.  Examples include a person receiving an entry stamp after showing his or her passport to a border officer at the airport.  If a person entered without inspection, he or she may not adjust status unless this person falls under the 245i exception.  A person who is paroled can adjust status but a person who is conditionally paroled under INA 236(a)(2)(B) is not eligible to adjust status.

Common grounds of inadmissibility include but are not limited to:

• Economic grounds – if a person is likely to become a public charge, the person is rendered inadmissible.  An affidavit of support must be submitted from the petitioning relative domiciled in the United States, and if the sponsor’s income is insufficient, an adult joint sponsor who is either a U.S. citizen or legal permanent resident domiciled in the United States must be identified.
• Health related grounds – if a person has a Class A or Class B condition.  Class A conditions include: i) a communicable diseases of public health significance include but are not limited to gonorrhea, syphilis, tuberculosis (active), and chancroid; ii) physical or mental disorders associated with harmful behavior that’s likely to recur; or iii) drug abuse or addiction.  Class B conditions include disabilities or abnormalities that are significant enough to interfere with the person’s ability to take care of himself or herself or require extensive treatment in the future.
• Criminal grounds or fraud and material misrepresentation – if a person was engaged in fraud or was convicted of certain criminal offenses, he or she may be rendered inadmissible.  Such misconduct include crimes of moral turpitude, drug offenses, money laundering among others.

Visa Number is Immediately Available 

An individual seeking to adjust status who is the immediate relative (spouse, child, or parent) of a U.S. citizen, can generally adjust status even if this person has fallen out of status.  This is because a visa number is immediately available.  However, for those beneficiaries under the preference category, such as spouses or children of legal permanent residents, or adult sons or daughters of U.S. citizens, these individuals must be in the United States lawfully until this person’s priority date is reached.  Contact the Law Firm of Kyce Siddiqi right away to for assistance on whether you qualify for adjustment of status or consular processing.