Permanent Residency
To be eligible for Adjustment of Status, one must have an Immigrant visa available. Immigrant visas are obtained through petitions filed by family members who are United States citizens or Lawful Permanent Residents or through employment-based applications. In addition, Immigrant visas become available pursuant to the Refugee Program and through the Diversity Lottery Program (DV) that is run by the Department of State. Qualification for an Immigrant visa may also be through a process known as Registry and in some cases, through Special Programs enacted by the United States Congress (often called Amnesty or Legalization).
Once an Immigrant visa is available, one can choose between filing the application in the United States (Adjustment of Status) or pursue the Immigrant visa at a United States consulate overseas. In either case, the procedure is similar and the applicant will be required to submit to a medical examination and fingerprinting and in most cases a formal interview is scheduled as well. Not all persons are eligible to adjust status especially if they cannot prove they were admitted at a port of entry by a United States Immigration Officer. Such persons would be well served to consult an attorney to determine whether they are eligible for adjustment of status.
If you have questions regarding a Family based or Adoption petition, an employment-based petition, adjustment of status or consular processing, you may contact Francis Mwangi by phone, fax or through the contact form located on this website
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