An individual who is eligible to seek lawful permanent residency in the U.S. must follow the adjustment of status or "AOS" procedure, allowing them to stay in American without having to go abroad to apply for an immigrant visa. There are certain requirements for eligibility and one or more of them must be met in order to seek a status adjustment. They include the following:
Employment: Are currently filing or already have an employment based immigrant visa petition.
Family: Are currently filing or already have a family based immigrant visa petition.
Refugee/Asylee: Have been in the U.S. for at least one year as an aslyee or refugee and still maintain asylum or are a child or spouse of an asylee or refugee.
Fiancé(e): If admitted under a K-1 fiancé(e) visa and married to a U.S. citizen within 90 days from the date of entry or you were a child of a fiancé(e) under a K-2 visa, you may be eligible. If the marriage did not happen under the K-1 fiancé(e) or you married another unlawful permanent resident, you are not eligible.
Registry: This requirement entails that you have remained a resident of the U.S. since before January 1, 1972.
Lottery: The Department of State has let you know that you have won the Green Card lottery, thereby providing you with a visa.
There are other additional eligibility provisions involving Cuban citizens that can be a bit complicated. It is best to speak with a Houston immigration lawyer if you have questions regarding applying for adjustment of status. At our firm, we offer services in both English and Spanish to provide multiple people groups with the legal help they deserve. It is our firm's deepest desire to see that you receive the results you desire regardless of your immigration case. Contact us today to schedule a consultation!