Adjustment of Status is the process used to change, or adjust, a nonimmigrant’s status to that of an immigrant. For example, someone may enter the United States on an F-1 Student Visa and after entry decide that they would like to remain in the United States permanently. An immigrant can adjust their status in various ways such as through employment or through family relationship. One of the most common ways to adjust status is through Marriage to a U.S. Citizen.
When filing for adjustment of status you will also have the opportunity to apply for work and travel authorization as well. These benefits will allow you to work in the United States and travel abroad if the need arises. Part of the marriage adjustment application is a mandatory interview at the local field office. You and your spouse will be required to attend the interview and the officer will ask you questions about your application and your relationship. You will also have an opportunity to submit any documents that prove your marriage is valid and not solely for immigration purposes. These documents can include but are not limited to photographs, joint bank accounts, joint taxes, leases, and affidavits from family and friends.
In any adjustment application it is also very important to address the issue of immigrant intent. If a person enters the United States as a nonimmigrant, for example, a tourist, student, or temporary worker, with the intent to remain in the United States permanently, this person has immigrant intent and will not be permitted to adjust status. They key is when the intent was manifested. As long as the intent to remain in the U.S. permanently occurs after your entry, you should not have any immigrant intent issues. However, if you come to the U.S. as a nonimmigrant and already have a plan to adjust your status to permanent resident then you may run into issues at your interview. Contact an immigration attorney if you believe you may have immigrant intent issues in your case.
It is extremely important to discuss any marriage adjustment case with a qualified immigration attorney. This type of case can be extremely overwhelming and confusing. While many people successfully file on their own, it often causes unneeded stress and anxiety. Making a minor mistake on your application could cause the case to be denied and cost you thousands of dollars in filing fees. Additionally, there are multiple forms that need to be filed for an adjustment of status application. Forgetting to include a form with your application can cause major delays in your case.
Contact us today to meet with our immigration attorney and discuss your marriage adjustment. Consultations are available in English and Spanish. Se habla español.
