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Adjustment of Status to Resident presented by Thomas Esparza

Posted by attorney Thomas Esparza

Adjustment of Status refers to the process which permits foreign nationals legally already in the US, who are eligible to receive an immigrant visa and for whom immigrant visa number is immediately available, to apply for immigrant status. Individuals that qualify for adjustment of status are any foreign nationals in the US with an approved Labor Certification, approved I-140 Petition, who have never been out of status.

The family members of the foreign national also qualify for adjustment of status - such as spouses and foreign born unmarried children under the age of twenty-one. There are many advantages for an applicant eligible for an adjustment of status. First, the foreign national can maintain valid status in the U.S. while your Adjustment of Immigration Status application is being processed. Also, the foreign national can concurrently apply for AOS with immediate relative green card and employment-based first, second, and third categories. Also, an applicant who is denied AOS can appeal.

Overall, the fundamental benefit of the adjustment of status for a foreign national is that it is the final stage in receiving a green card.

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