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Elmhurst IL Immigration Lawyers

lombard il green card lawyer

Attorneys for Green Cards and Adjustment of Status in Oak Brook, Downers Grove, and DuPage County

Once you are admitted into the United States as an immigrant, you can apply for a green card (also known as lawful permanent resident status). The process of applying for a green card is referred to as the adjustment of status. A green card allows you to stay and work in the United States, and with a green card, you will be protected under U.S. laws. The dedicated immigration lawyers at Khan Nayyar & Associates, LLC, can help you with applying for a green card and will ensure that you have all the documentation and paperwork you need to adjust status.

How to Apply for an Adjustment of Status

If you are in the United States and you have an immigrant petition that has been approved and an immigrant visa is available for you, then you should file Form I-485 (Application to Register Permanent Resident or Adjust Status) with the United States Citizenship and Immigration Services (USCIS). If you currently do not have an immigrant visa petition that is approved, you may be able to file the immigrant petition and Form I-485 together if you meet certain eligibility requirements.

If a foreign national is not in the U.S., then he or she can go through consular processing. The individual should apply for an immigrant visa at a U.S. Department of State's consulate abroad. Once an immigrant visa has been issued to the individual, he or she can be admitted into the U.S. as a permanent resident.

Adjustment of Status for Family-Based Immigration

Whether you can adjust status to become a permanent resident depends on the type of visa you have and your familial relationship to the U.S. citizen that filed your visa petition.

  • Immediate relatives. Spouses, unmarried children under the age of 21, and parents of U.S. citizens can apply for an adjustment of status. In addition, if an individual has a family immigrant visa petition that has been approved, he or she is eligible to apply for an adjustment of status.
  • Family preference immigrant. Some of the requirements for adjusting status as a family preference immigrant include the following: being inspected and admitted/paroled into the U.S., being eligible for an immigrant visa, and being in the country when you file Form I-485.
  • K nonimmigrants (spouses, minor children, and fiancé(e)s of U.S. citizens). After entering the United States as a K nonimmigrant, you must file Form I-485 to adjust status as a permanent resident. You can adjust status if you are the spouse, fiancé, or the minor child of that spouse or fiancé(e) and you are the beneficiary of an immigrant visa petition that was filed by a U.S. citizen. In addition, you must be eligible for admission to the U.S. and have an immigrant visa that is currently available to you. Individuals with a K nonimmigrant visa can only adjust status as a permanent resident through the same U.S. citizen (fiancé(e), spouse, or stepparent) that petitioned for them.

Adjustment of Status for Employment-Based Immigration

Foreign citizens who wish to come to the United States to permanently live and work can apply for an adjustment of status if they:

  • Have an employment immigrant visa petition that has been approved.
  • Have a priority date (the date in which your visa petition was properly filed with USCIS or the date in which a labor certification is filed with the Department of Labor).
  • Have a labor certification that has been approved or you are exempt from being required to have labor certification.

Skilled Immigration Lawyers in Downers Grove IL

At Khan Nayyar & Associates, LLC, our attorneys are dedicated to helping you adjust your status as a permanent resident in the U.S. so you can plan for your future in this country. Adjusting status can be a complex process. There are many factors that can cause you to become ineligible for a visa; however, our immigration attorneys can assess your immigration case and make sure you follow all necessary steps to qualify for an adjustment of status.

To schedule a consultation, call us at 630-LAWYERS or contact us online. We serve clients in Downers Grove, Elmhurst, DuPage County, and throughout Illinois.

American Immigration Lawyers Association Chicago Bar Association National Employment Lawyers Association Winnebago County Bar Association
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