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If you are eligible to become a lawful permanent resident of the U.S., adjustment of status lets you apply for permanent residence without leaving the United States to undergo consular processing abroad. However, adjustment of status applications can be complicated. A Charlotte adjustment of status lawyer can help you through the process and understand how any immigration issues you may have could impact your application.
Our Charlotte adjustment of status attorneys at Butler, Quinn & Hochman, PLLC help individuals and families in Charlotte and surrounding areas with adjustment of status applications and other immigration needs.
Experienced Immigration Guidance From Butler, Quinn & Hochman, PLLC
Butler, Quinn & Hochman, PLLC has proudly served families throughout Charlotte, North Carolina, and Spartanburg, South Carolina for over ten years. Our immigration attorneys have decades of collective experience handling immigration cases. We understand that your immigration status can impact your family and career opportunities.
Our attorneys provide compassionate, personalized representation to help you understand your legal options and guide you through federal immigration application processes.
Understanding Adjustment of Status
Adjustment of status is how certain individuals who are already in the United States apply for lawful permanent residence without having to return to their home country to complete visa processing. The law allows eligible applicants to adjust their status to permanent residence without returning to their country of origin for immigrant visa processing.
The main statute is located at Section 245 of the Immigration and Nationality Act. This law specifies eligibility guidelines and restrictions for applicants. To qualify, an applicant generally needs to fit an immigrant category, have an available immigrant visa when needed, and satisfy all admissibility rules. Some applicants must also prove that they were admitted after inspection or paroled into the United States.
Adjustment of status applications differ from immigrant visa applications processed through consular processing. Generally, consular processing requires applicants to complete their visa applications at a U.S. embassy or consulate abroad.
Qualifying for Adjustment of Status
Eligibility depends on several factors based on your immigration history, grounds for applying for permanent residence, and other statutory restrictions. The most common include:
- Family-sponsored immigration
- Employment-based immigration
- Humanitarian classifications
- Special immigrant categories
Family-sponsored applicants can qualify if they have a spouse, parent, or adult child who is a U.S. citizen. Qualifying relationships through other family members are possible, but there are annual limits on immigrant visas for some categories.
Employment-based immigrants may apply if an approved immigrant petition is filed on their behalf. The applicant’s employment-based category and individual circumstances determine if they are eligible to adjust status.
Individuals granted asylum or refugee status can potentially apply to adjust their status, provided they fulfill the legal prerequisites for these categories.
Some applicants may be ineligible to adjust status due to unlawful presence in the U.S., unauthorized employment, prior immigration violations, or other issues. Certain applicants may qualify for an exemption or different provisions under the law. A Charlotte adjustment of status attorney can go over your history with you to determine if you’re eligible.
Applying for Adjustment of Status
To apply for adjustment of status, applicants typically file Form I-485, Application to Register Permanent Residence or Adjust Status with U.S. Citizenship and Immigration Services (USCIS). The process involves a few steps, including:
- Determining immigrant eligibility. Applicants need an approved or pending immigrant petition such as Form I-130 or Form I-140.
- Determining immigrant eligibility. Applicants may need an approved or pending immigrant petition such as Form I-130 or Form I-140.
- Gathering documentation. Applicants need supporting documentation to prove identity, entry into the U.S., family relationships, financial sponsorship, and other requirements.
- Complete interviews. After submitting the application, applicants may need to attend a biometrics appointment and/or interview.
- Receive the decision. USCIS makes a decision on the application. They may approve it, issue a request for more information, or deny it.
Simply submitting an adjustment of status application doesn’t grant you lawful permanent residence or immediate work authorization. The application would need to be approved.
Adjustment of Status Processing Times and Immigration Statistics
Processing times vary based on the immigrant category, visa availability, how soon you file your application, and USCIS workload. Nationwide statistics show how many applications USCIS receives and approves each year. The Department of Homeland Security’s federal regulatory analysis reported:
- USCIS received 983,241 I-485 applications in fiscal year 2024.
- USCIS approved 787,331 I-485 applications in fiscal year 2024.
- USCIS received 812,142 I-485 applications in fiscal year 2023.
Keep in mind that these statistics are based on national data, not specific to adjustment of status cases from Charlotte. It’s also worth noting that approvals within a given fiscal year could stem from applications filed in earlier years.
Hire an Adjustment of Status Lawyer in Charlotte
An immigration attorney can review your prior entries to the United States, your current immigration status, and eligibility for adjusting status to permanent residence. An attorney can point out any potential immigration law restrictions before you submit your application.
When you hire an adjustment of status lawyer, they also advise you on whether you can file certain forms at the same time and when you’ll be eligible to file Form I-485. Lawyers can go over financial sponsorship documents to make sure they meet federal guidelines.
If you receive a request for more information from USCIS, your attorney can draft a response addressing USCIS’s concerns. Attorneys can explain different waiver options if you are found to be inadmissible. Hiring an adjustment of status lawyer can be particularly beneficial if you have previously overstayed a visa, faced removal proceedings, or had a prior immigration petition denied.
Interviews for immigrants adjusting their status can be scheduled at the USCIS Charlotte Field Office at 201 Regency Executive Park Drive, Charlotte, NC 28217.
Discuss Your Adjustment of Status in Charlotte With Our Immigration Lawyers
Gaining permanent residence offers individuals looking to establish a life in Charlotte a chance to do so. The attorneys at Butler, Quinn & Hochman, PLLC help our clients understand adjustment of status laws, complete immigration applications, and work through issues that may impact eligibility.
Our attorneys provide dedicated, individual assistance throughout the application journey, helping clients make the most informed decisions for their specific needs. Contact us today for a consultation.
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Phone: 704-569-9800
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