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Category: Adjustment of Status

Upgrades May Benefit Applicants with Pending Adjustment of Status (AOS)

Applicants with a pending adjustment of status (AOS) application based on an EB-3 immigrant petition, or even those whose US employers are willing to sponsor them through a PERM,  may want to consider filing a Self-Sponsored EB-1A or  Immigrant Petition before October 1, 2022, if eligible. USCIS recently published guidance that there are an “exceptionally high […]

Adjustment of Status FAQ

1. What are the General Requirements for Adjustment of Status Eligibility? A noncitizen must meet certain eligibility requirements to adjust status to that of lawful permanent resident (LPR). INA 245(a) requires that the applicant must have been: Inspected and admitted into the U.S., or Inspected and paroled into the U.S. Additionally, the noncitizen applicant must: […]

Foreign State Chargeability and Cross-Chargeability Benefits

Foreign state chargeability is the accounting method mandated by the Immigration and Nationality Act (INA). It is used by the Visa Office of the State Department to determine against which country’s allotted visas to subtract, or “charge,” an immigrant visa number for a particular applicant. Under the INA, an immigrant visa applicant is chargeable to […]

Adjustment of Status and Unlawful Presence

What constitutes unlawful presence? Unlawful presence refers to entering the U.S. illegally or remaining in the United States beyond an authorized period of stay. Unlawful presence is not the same as being out of status, which refers to losing the valid status through which the foreign national initially entered the United States. At what point […]

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