Our firm has helped thousands of individuals obtain their lawful permanent residence status (LPR). This site is designed to help answer questions about the process.
If you or a loved one need the services of our immigration lawyers, please do not hesitate to contact us immediately in order to schedule your free consultation. We know that the process to become a lawful permanent resident can be difficult and confusing, which is why we offer free consultation in the office or over the phone.
We have a team of immigration attorneys who are very experienced and passionate to assist you with your adjustment of status case. We love having the opportunity to be able to help great people feel secure in the United States, knowing that they can permanently reside here to live with their families.
We can help educate you and help you in the process of obtaining a green card. Throughout the years we have found that it is very important and critical for each of our clients to fully comprehend the process. Our job is to make the process less stressful and easier for you. Below, please find the basics regarding adjustment of status and obtaining your green card.
Immigration law permits many people to become legal permanent residents through their family members. To promote family unity, immigration law allows “immediate relatives” of United States citizens to adjust status (obtain their “Green Card) in the Untied Status.
DO YOU HAVE A QUALIFYING FAMILY MEMBER?
To apply for Adjustment of Status, a person must first have a qualifying family member, or an immediate family member, that can file a petition on his or her behalf. Eligible “immediate relatives” include: spouse of a U.S. citizen, parent of a U.S. child who is at least 21-years-old, and child who is unmarried and under 21-years-old of a U.S. citizen parent. Our Green Card Attorneys can help with this process. Sometimes it can be complicated to know if you have a qualifying relative. Proof of the relationship must be turned in with the application. This part of the application is called the I-130.
YOU MUST PROVE YOU CAME LEGALLY
After the relationship has been established, in order for an “immediate relative” to adjust status in the U.S. You must prove that you were lawfully inspected, admitted or paroled into the U.S.,OR eligible for protection under 245(i). This means that the applicant must have come to the United States on a nonimmigrant visa or with a border crossing card. You will have to prove that you crossed with inspection and you will be required to provide proof. If you don’t have this proof. Our permanent resident immigration attorneys can help obtain these documents it you don’t have them.
IF YOUR PETITION WAS FILED BEFORE MAY 2001
Here things get a little technical. If your petition was filed before May 2001, and you did not enter the country legally, call our law firm to determine if you qualify for 245(i) protection. Here’s the information that you need to know.
You may still be able to apply for Adjustment of Status if he or she had a petition filed on his or her behalf that has a priority date prior to April 30, 2001.
This is called a 245(i) Adjustment. Section 245(i) of the immigration laws protects qualified applicants who would normally be ineligible to adjust their status to permanent residence in the United States, and allows them to do so under certain conditions.
Adjustment under 245(i) allows qualified applicants to adjust in the United States even if the applicant entered the U.S. without inspection or have fallen out of lawful status. To qualify for adjustment under 245(i), the applicant must have had an immigration petition filed on his or her behalf before January 14, 1998, OR had an immigration petition filed for the benefit of the alien between January 14, 1998 and April 30, 2001 and be physically present in the United states on December 21, 2000.
The immigration petition can be either an I-130 family petition, or an I-140 petition for labor certification. There is a $1000 filing fee for the 245(i) protection (penalty).
THE MEDICAL EXAM
Applicants must submit a medical examination with their applicants for Adjustment of Status. The medical examination must be completed by a civil surgeon, which is a doctor authorized by United States Citizenship and Immigration Services.
The petitioning family member must also submit proof of income to show that when the applicant receives their permanent resident status, he or she will not need to rely on public assistance.
If a certain income amount is not made by the petitioner, a co-sponsor will be needed. The cost of applying for adjustment of status is $535 for the family petition, and $1225 for the adjustment application and the complete process can take approximately 12-15 months.
Once you start the process, between 5-7 weeks after USCIS has sent receipt notices, the one who is seeking the green case must get fingerprinted. You have to go to the Biometrics Appointment at the USCIS field office. The purpose of this appointment is so USCIS can do their own background check. They will collect your fingerprints, take your photo, and have you sign your name. You have to bring a current ID to this appointment..
If you or a loved one need the services of an experienced and caring immigration attorney to help you with your adjustment of status, please contact us at 602-989-5000
Our immigration attorneys have decades of experience in helping people adjust their status. Becoming an LPR also allows you adjust to US Citizenship after three years if you gained your residency through marriage and you are still married to your spouse. If you gained your residency through a family member other than your spouse, the typical period of time to be eligible to become a US Citizen is five years. Naturalization is the process in which a legal permanent resident can become a U.S. citizen. Citizenship gives the individual certain benefits in the United States such as:
A person can either apply on an individual basis or they can apply on the basis that they are married to a U.S. citizen.
Individual Basis: If the person is not married to a U.S. citizen, then they are eligible to apply for citizenship after five years of having their legal permanent residency.
Application on the basis of Marriage to a U.S. Citizen: If the individual who is applying has been a legal permanent resident (LPR) for three years,they are married to a U.S. citizen, and has been married to the same spouse for the past three years, he or she is eligible to apply for citizenship.
The whole process takes about six months. In order to become a U.S. Citizen you have to meet the following guidelines.
Below we have listed several requirements for citizenship
YOU MAY NOT QUALIFY IF…
Did you leave the US for more than a year? A person will not be eligible to apply as for Adjustment of Status if her or she is found to be out of status in the United States for more than 365 days. departs the U.S., and then attempts to re-enter the U.S. or is successful in reentering. Such person can only apply to lawfully enter the U.S. after 10 years have passed and are successful in obtaining a waiver.
This applies to both applicants who entered the United States legally and illegally. A person will need a waiver if it is found that he or she came to the U.S. legally, overstayed the amount of time granted to be in the U.S., departs the U.S., and reenters, even if it is with a visa.
A person will also be ineligible for Adjustment of Status if he or she has been convicted of certain crimes. They include drug offenses and other crimes of “moral turpitude.” A crime of moral turpitude generally is a crime that has the intent to steal or defraud as an element, or a crime in which bodily harm is caused by an intentional act. There other types of crimes such as certain domestic violence charges and major felonies that can prevent you from adjusting status. You will have to speak with an immigration attorney to see if your criminal history prevents you from obtaining your LPR status.
Let’s get started. We’re passionate about helping people obtain legal status. You will feel it when you contact our law office. Our dedication and commitment to our clients is unsurpassed.
Choosing Alcock & associates was a blessing to us from day one. They made my wife’s immigration case a breeze. Daniella Hernandez helped us and she was wonderful. If she wasn’t available to speak at the moment, we would always get a quick call soon after. She answered every question we had with confidence and it was clear that she knew what she was doing.
Mr. Alcock since the early 2000 and I’ve seen all his work and growth on helping the community and now after 10 years of residency, I had no doubt of coming to the firm for advice regarding my citizenship process.
Hands down, the best law firm. They really worked hard and still working hard on my complicated immigration case. So far it’s really a good experience with the attorney Lisa, co-attorney Emanuel and all the front staff.
This is the only law firm I turn to for legal consult/representation. Immigration attorney, Lisa Elkin, assisted my wife with her legal residence status. After 34 years of living in this country my wife is finally a legal resident of the United States.
Alcock & Associates has helped me greatly when acquiring and renewing my DACA permit. They are extremely kind hearted and go above and beyond to help the people.
Really professional lawyers. Took two different cases based on immigration from us. One with Cody for the deportation withheld process thank you so much for everything for closing completely the deportation process against my husband.
Very good group of lawyers who work, for your interests without any rest. Thanks to that today I can say that I am a resident I do not have how to thank everything they did for me. Thank you very much and may the Lord bless you.
This will be my third time coming with Alcock & Associates for my Daca and as always they never disappoint, everyone here is super helpful and welcoming! Thank you Kirk for helping with my renewal
Dora and Lisa (the lawyer) did such a wonderful and professional job with my husband's residency. Everything went smooth at ciudad juarez. Everything they said would happen, did. They prepare you very well. I recommend Alcock & Associates 100%. They are honest and will let you know the truth
Here at Alcock and Associates our team and staff are dedicated to helping and representing YOU. The first step is to understand your case. We will take the time to get to know you and your legal situation so that we are best able to answer all of your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case.
EVERY CONSULTATION IS COMPLETELY FREE AND COMPLETELY CONFIDENTIAL.
Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004
