Hearing the news that you are flagged for removal is not only stressful but can leave you scared when unsure where to turn for help. You may think that there isn’t anything you can do and feel hopeless. However, there are immigration laws in place that can help you remain in the U.S. legally. One way to avoid deportation is through adjustment of status. Here’s how it works.
What is Adjustment of Status
Adjustment of status is a legal process in which an immigrant can apply for legal permanent residency in the U.S. Documented, and undocumented immigrants can both apply for adjustment of status. However, the process for each situation will work very differently, as explained below.
Family-Based Green Card Through Adjustment of Status
Applying for a family-based green card through adjustment of status could help you stay in the United States if:
- You have lawfully entered the United States.
- You are considered admissible and have not been barred from entering the United States.
- You have a relative that is a legal permanent resident or a U.S. citizen.
- You have a visa petition approved by the U.S. Citizen and Immigration Services (USCIS).
- You have a visa number or a priority date that is immediately available.
- You have not violated any immigration laws.
Adjustment of Status - I.N.A. Section 245(i)
If you are an undocumented immigrant who did not enter the U.S. legally, you may be eligible for adjustment of status through I.N.A. Section 245 (i) if you are a beneficiary of the following:
- A visa petition or labor certification that was submitted to the Department of Labor or USCIS on or before April 30, 2001, or:
- You have proof you were physically present in the United States on December 21, 2000, and a visa petition or labor certification was filed between January 14, 1998, and April 30, 2001.
When to Contact a Miami Immigration Attorney
Applying for adjustment of status is not an easy process and will require the skill and knowledge of a Miami immigration attorney. When it comes to deportation, time is of the essence, and there is no time to waste. You must contact an immigration attorney immediately upon learning that you are being deported.
If you or a loved one is facing removal, contact Revilla Law Firm, P.A. at (305) 858-2323 today to learn more about how we can assist you with your deportation case.