Adjusting Your Immigration Status: What You Need to Know

Adjusting your immigration status in the United States can be a challenging process, but it’s often a necessary step for individuals who want to legally live and work in the country. If you’re about to start this process, then it’s crucial that you seek the guidance of a qualified immigration attorney. When you hire an attorney, they’ll help you navigate through the challenges and any doubts you may have. To better understand what your journey may look like, let’s take a look at some of the obstacles many people face.

Challenges of Adjusting Your Immigration Status

There are many different factors that can affect your ability to change your immigration status, such as your current immigration status, the reason for your request to change your status, and the availability of visas or other forms of immigration benefits. One of the main challenges of adjusting your immigration status is navigating the complex and often confusing immigration system in the United States. The U.S. immigration system is made up of numerous laws, regulations, and policies that can be difficult for individuals to understand, especially if they are not familiar with the legal system or do not speak English fluently. This can make it difficult for individuals to know what steps they need to take in order to change their immigration status, and it can also make it difficult for them to know what documents and information they need to provide in order to support their request. This, along with the potentially long processing times, can be frustrating and stressful.

And finally, adjusting your immigration status can also be emotionally challenging. Individuals may be concerned about the outcome of their application, and may worry about the impact that a denied application could have on their future in the United States.

What Happens if Adjustment of Status is Denied?

A denied request could be due to a variety of reasons, including but not limited to: 

• The individual did not meet the eligibility requirements for the immigrant status they applied for.
• The individual provided false or fraudulent information on their application.
• The individual has a criminal record that makes them ineligible for immigration.
• The individual has a medical condition that poses a public health risk.

If an adjustment of status application is denied, the individual will receive a Notice of Denial from the USCIS. This notice will explain the reasons for the denial and may also provide information on how to appeal the decision. If the individual wishes to appeal the decision, they can file a motion to reconsider or reopen the case with USCIS. They can also file a lawsuit in federal court to challenge the denial. 

However, it is important to note that these options are only available in certain circumstances and may not be successful in overturning the denial. If the individual is unable to successfully appeal the denial or change their immigration status through other means, they may be required to leave the United States. This is why it’s crucial for anyone who receives a denied request to seek legal advice as soon as possible to determine the best course of action based on their specific circumstances.

How an Immigration Lawyer Can Help You

An immigration lawyer can help you adjust your immigration status in a number of ways. They can help you by: advising on eligibility, gathering and preparing documents, filing the application, representing the individual at the interview, and advising on options if the application is denied.  And just as important, supporting you through this important and stressful time.

Overall, an immigration lawyer can provide valuable assistance to individuals seeking to adjust their immigration status by offering expert guidance and representation throughout the process.  If you are trying to adjust your immigration status, contact us for a free consultation.