When to Seek Adjustment of Status

 Posted on February 21, 2024 in Immigration

Deciding whether to apply for a green card or change your immigration status can be a complicated decision with major consequences. A Texas immigration lawyer can help you break down key times when you may want to seek an adjustment of your immigration status and what steps you should take for your specific situation.

Your Nonimmigrant Status is Expiring Soon

One of the most common reasons people apply for green cards or other immigration benefits is that their nonimmigrant status expires soon. For example, many people enter the U.S. on nonimmigrant work or student visas that temporarily allow them to live here. As the end date of the visa approaches, they may decide to seek lawful permanent resident status or another longer-term solution.

You Want to Change Employers

Those in the U.S. on employment-based visas are usually tied to the specific employer who sponsored their visa. If you want to change jobs or employers, your existing visa will no longer be valid. However, depending on your situation, you may qualify to change employers and transfer your visa. Or you may be eligible to change your status to a green card based on employer sponsorship. Consult an attorney before making any job changes as a foreign visa holder.

You Recently Got Married

Marriage to a U.S. citizen or lawful permanent resident enables many immigrants to apply for a green card. Marriage-based adjustment applications first require approval of Form I-130, then usually an immigrant visa or status adjustment. The fastest and easiest option is to adjust your status within the U.S. if you entered legally. A waiver can also be available for those who entered illegally but have a qualifying relative.

After getting married, do not delay seeking legal advice about immigration options through your spouse. Timing requirements can impact eligibility for adjustment if you continue living in the U.S. illegally too long after the marriage. Learn what documents you need and income requirements based on whether your spouse is a U.S. citizen or green card holder.

You Are Starting a U.S. Business

Foreign entrepreneurs have options like the E-2 investor visa or EB-5 program to gain status to start a U.S. business. Key eligibility factors involve investing enough money to create jobs for American workers. How much you must invest depends on factors like the business location and sector.

As you structure your business plans, get input from an immigration law expert on the best timing and approach for seeking investor visa status. They can guide you in documenting where your investment funds come from and help prepare a thorough business plan tied to visa requirements. Taking these steps early when forming your business idea can help facilitate visa approval.

Contact a Farmers Branch, TX Immigration Attorney

Determining when and how to seek adjustment of your immigration status is not always easy, especially while continuing to comply with visa rules. Connect with a Bedford, TX immigration lawyer to create a customized plan for your situation and goals. We look forward to advising you on legal pathways to extend your U.S. stay. Call John W. Lawit, LLC at 214-609-2242 to get started.