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Adjustment of Status

It is imperative to consult with an experienced immigration attorney, such as Meneses Law, to correctly identify your eligibility for permanent residence in the United States. The wrong help can land you in deportation proceedings or can make you lose thousands of dollars in government application fees.

The I-485 application allows the beneficiary to apply for permanent residency within the United States without having to travel to their country of origin. This application is fairly restricted and the most common ways to apply are:

  1. 245a protection will qualify an applicant. Meaning, an individual must be married to a United States citizen and have entered the country legally. Another option is Parole in Place (PIP) which offers protection to the spouse or parent of a person serving, or who has served, in the United States military.

  2. Apply for residency 1 year after the approval of an asylum case.

  3. Apply for residency 3 years after the approval of a U – Visa case.

  4. Apply for residency after the approval of a labor case with the Department of Labor. In order to qualify, the applicant must have 245i protection or have been in continual lawful status in the United States.

  5. Individuals with 245i protection who are parents of a United States child over the age of 21 may apply.

  6. Those with 245i protection who are being petitioned by a family member may apply for their residency by using the I-485 application once their priority date becomes current.

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