Adjustment of Status Deportation Defense
There is no way to fully describe the fear and anxiety that can come up when you are facing deportation. If an immigration judge has found that you, as an alien, are illegally present in the United States, you may experience an overwhelming feeling of hopelessness. Know that you still have options. The finding that you are illegally present in the country may not necessarily lead to your deportation. There are still several defenses that may be successfully applied in order to prevent your removal from the United States. One such defense is adjustment of status which is made available under the Immigration and Nationality Act.
What is the Adjustment of Status Deportation Defense?
Pursuant to Section 245 of the Immigration and Nationality Act (INA), adjustment of status may be utilized by certain aliens already present in the U.S. It involves applying for lawful permanent resident status without having to leave the country. Under the INA, a nonimmigrant or a parolee may be able to change his or her status to permanent immigrant. This process is referred to as adjustment of status. The individual must have lawfully entered into the country, with some exceptions, and meet all required qualifications for a green card in a specified category.
In order to successfully complete the adjustment of status process, an individual must:
- Determine the specific immigrant category he or she falls under. This will form the basis of your intent to become a permanent immigrant. Different categories will have different requirements for adjustment of status purposes.
- An immigrant petition must be filed. In some cases, someone else will need to file this petition on your behalf. These cases often include the employment based categories, where your employer would file the petition, or the family based categories, where a U.S. citizen or permanent resident relative would file.
- Form I-485, Application to Register Permanent Residency or Adjust Status must be filed. Read the form instructions carefully and comply with all requests for supporting documentation and evidence that is required for your category.
- Attend your appointment at the Application Support Center where you will undergo things like fingerprinting and having your picture taken. Your signature will also be required. All of this information will be used to conduct security checks.
- You may be required to go to an interview at the USCIS office. At the interview, you will need to answer questions under oath or affirmation that pertain to your application.
- After all forms have been submitted, evidence has been gathered, and interviews have been conducted, USCIS will render a decision on your application. You will be notified in writing of the decision.
Trusted Deportation Defense Legal Counsel.
The process of trying to successfully defend your deportation is detail oriented, very specific, and often difficult to navigate. This is all on top of the anxiety-inducing prospect that you will be deported from the U.S. At Talamantes Immigration Law Firm, APC, we will do everything in our power to help you successfully defend any deportation decision. Contact Talamantes Immigration Law Firm, APC, in Chula Vista today.
Posted in: Deportation Defense