New York Firm Handles Adjustment of Status Requests to Help Clients Fight Deportation

Accomplished advocates support immigrants seeking changes under USCIS regulations

There are many reasons for visa overstays. During your time in the United States you may have developed relationships and built a life for yourself that you cannot bear to leave. Conditions in your home country may have deteriorated to such an extent that you’d face danger or severe hardship by returning. If you’ve overstayed your visa and are facing a removal action, the immigration attorneys at Pollack, Pollack, Isaac & DeCicco, LLP in New York City are prepared to help. Since the 1980s, our immigration team has fought for clients here on nonimmigrant visas to obtain adjustments of status enabling them to reside permanently in the United States. If your visa has expired, or the expiration date is approaching, we can help you avoid deportation so you can pursue your American dream.

What is adjustment of status?

Adjustment of status is the process under U.S. immigration law that allows a nonimmigrant residing here to apply for a green card representing their lawful permanent resident status. The process is commonly used by nonimmigrants who are in the United States and wish to remain once their work visas or student visas expire. In many cases, a nonimmigrant who has overstayed and is facing a removal action can apply for the adjustment to avoid deportation. Even some undocumented immigrants who entered the country illegally can apply if they have lived in the United States since 2000 and are beneficiaries of visa petitions or labor certifications filed with the U.S. Citizenship and Immigration Services (USCIS) or U.S. Department of Labor between January 15, 1998, and April 30, 2001.

Attorneys guide individuals through the process of applying for adjustments of status

The process of applying for an adjustment of status to the USCIS consists of several steps:

• Determine if you are eligible — There are several categories of green card eligibility. You could be permitted to stay in the United States due to a family connection, job or because of your inclusion within a special immigration category. Victims of abuse, as well as people seeking refugee or asylum status might also be granted an adjustment. You may apply “through registry” if you have resided continuously in the United States since 1972.
• File an immigrant petition and green card application — It’s important to file the correct papers for the immigration category you fit.
• Check visa availability — Immigration visas are limited for all categories. Generally, you may not be able to file your Form I-485, Application to Register Permanent Residence or Adjust Status until a visa becomes available.
• File Form I-485 — Your Application to Register Permanent Residence or Adjust Status is a 20-page document that serves as a background check and testimonial to your character and your ability to support yourself.
• Attend an Application Support Center appointment — At this meeting, you provide your fingerprints, photograph and signature, and certify to USCIS that your application is complete and truthful.
• Attend your interview — Interviews are not always necessary. But if there are questions with your application, USCIS may require you to clarify points and once again affirm the truth of your filing. Instead of an interview, you might be asked to submit additional documentary evidence.

USCIS will mail you notice of the decision made in your case. Generally, you are not permitted to appeal a denial, but you may be able to file a motion to reopen or reconsider the case. You can rely on our professionalism and our determination as we pursue the result you seek.

Contact an New York City immigration lawyer for assistance with an adjustment of status

Pollack, Pollack, Isaac & DeCicco, LLP in New York City assists foreign nationals seeking an adjustment of status. Call us today at 800-223-2814 or contact us online to schedule a consultation.