Green Card and Adjustment of Status Cases
Form I-485 is the application used to apply for adjustment of status to lawful permanent residence in the United States when the applicant is eligible to use that process. But the I-485 is only one part of the analysis. Before filing, the underlying immigrant category, visa availability where applicable, manner of entry, prior immigration history and possible grounds of inadmissibility should be reviewed.
Meyerovich & Associates handles permanent-residence matters for clients in Brooklyn and throughout New York, New Jersey and Pennsylvania, as well as federal immigration matters nationwide.
Family-Based Green Cards
Many permanent-residence cases begin with a family relationship and Form I-130. Depending on the relationship and the petitioner's status, the beneficiary may be an immediate relative or may fall within a family-preference category. That distinction can affect visa availability and when the green card application can move forward.
For the petition itself, marriage cases and family-preference categories, see our Family Immigration service page.
Adjustment of Status vs. Consular Processing
Eligible applicants who are in the United States may be able to apply for permanent residence through adjustment of status with USCIS. Other applicants complete immigrant-visa processing through the Department of State and a U.S. embassy or consulate abroad. A person's location alone does not determine which process is legally available.
Prior entries, unlawful presence, removal proceedings, previous immigration filings, criminal history and other facts can change the analysis. Leaving the United States for consular processing can also have legal consequences in some cases.
Marriage-Based Permanent Residence
When permanent residence is based on marriage, the case generally requires evidence of both the qualifying legal relationship and a bona fide marriage. If permanent residence is granted before the second anniversary of the marriage, the resident may receive conditional permanent-resident status and generally must later address removal of those conditions through Form I-751.
Affidavit of Support in Family Cases
Most family-based adjustment applicants must submit Form I-864, Affidavit of Support. The financial-sponsorship analysis can involve the petitioner's household size, income, qualifying assets and, where appropriate, a joint sponsor. USCIS instructions also provide specific exemptions in some circumstances, so the filing requirements should be matched to the individual case.
Green Cards After Asylum or Other Immigration Relief
Permanent residence is not limited to family petitions. Immigration law provides paths to lawful permanent residence through a number of categories, including certain employment-based cases, asylum and refugee-based adjustment, VAWA and other humanitarian classifications. The requirements and timing differ substantially by category.
If the case involves an asylum claim, see our Asylum page. Cases involving a pending family petition and Immigration Court should also be reviewed together with the removal proceeding.
When Immigration History Complicates a Green Card Case
A qualifying petition does not necessarily mean that adjustment of status or an immigrant visa can be approved. Prior unlawful presence, entries without inspection, prior removal orders, alleged fraud or misrepresentation, criminal matters and other immigration history may affect eligibility or require a different strategy. These issues are best identified before a filing or international departure creates an avoidable problem.
Brooklyn Office, Green Card Representation Nationwide
Meyerovich & Associates P.C. works with clients and families in multiple languages, including English, Russian, Ukrainian, Georgian, Tajik, Uzbek, Turkmen and Spanish. The office handles green card and other federal immigration matters for clients in New York, New Jersey, Pennsylvania and nationwide.