If you’re currently in the United States on a nonimmigrant visa and have been wondering if you can file an adjustment of status after being in the country for 90 days, we have the answers for you. The 90-day mark is a crucial point for many visa holders, as it determines whether they are eligible to apply for a change in immigration status. In this article, we will explore the possibilities and limitations surrounding filing an adjustment of status after reaching the 90-day threshold. So, let’s dive right in!
Who can file for adjustment of status after 90 days?
Adjustment of status is a process that allows certain individuals who are already in the United States to apply for lawful permanent resident status (green card) without having to leave the country. Generally, it is required to file for adjustment of status within 90 days of lawful entry into the United States. However, there are specific eligibility criteria, exceptions, and consequences to consider when filing after the 90-day period.
Eligibility criteria for filing adjustment of status
To be eligible for filing adjustment of status, you must meet certain criteria. Firstly, you must be physically present in the United States, having entered the country legally. You must also have a valid immigration status at the time of filing, such as a nonimmigrant visa or parole. Additionally, you must not have violated the terms of your immigration status and have not engaged in any criminal activities that make you ineligible for immigration benefits.
Exceptions to the 90-day rule
While the general rule is to file for adjustment of status within 90 days of lawful entry, there are some exceptions to this requirement. One such exception is the “late-filing” rule, which allows individuals to file after the 90-day period if they can demonstrate extraordinary circumstances that prevented them from filing within the specified timeframe. Examples of such circumstances may include serious illness or incapacitation, being a victim of domestic violence, or significant errors made by immigration authorities.
Consequences of filing adjustment of status after 90 days
Filing for adjustment of status after the 90-day period without qualifying for an exception can have serious consequences. In such cases, the application may be denied, and the individual may be deemed to be in unlawful presence, which can result in various penalties, including bars on reentry to the United States. Therefore, it is crucial to understand and comply with the 90-day rule or seek legal advice if there are exceptional circumstances.
Adjustment of status process
The adjustment of status process involves several key steps. Understanding these steps can help individuals navigate through the process smoothly.
Filing Form I-485
The first step in the adjustment of status process is filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form should be completed accurately and submitted along with the required filing fee and supporting documents. It is important to carefully follow the instructions and provide all necessary information to avoid delays or potential denials.
Submitting supporting documents
Supporting documents play a crucial role in an adjustment of status application. These documents help establish eligibility and provide evidence of the applicant’s qualifications. Some common supporting documents include identification documents, proof of lawful entry, employment records, tax returns, and evidence of family relationships (if applicable). It is essential to submit these documents in a timely manner and ensure their validity and authenticity.
Biometrics appointment
After submitting the adjustment of status application, applicants are typically scheduled for a biometrics appointment. During this appointment, fingerprints, photographs, and signatures are taken for background checks and identity verification purposes. It is important to attend the biometrics appointment as scheduled and bring the necessary documents to avoid complications during the process.
Interview with USCIS
In some cases, applicants for adjustment of status may be required to attend an interview with the United States Citizenship and Immigration Services (USCIS). This interview provides an opportunity for USCIS officers to evaluate the applicant’s eligibility, assess the credibility of the information provided, and clarify any concerns or discrepancies. Adequate preparation for the interview, including reviewing the application and supporting documents, can help ensure a smooth and successful outcome.
Decision on the adjustment of status application
After completing the necessary steps in the adjustment of status process, USCIS will make a decision on the application. Depending on various factors, including the backlog of cases and the complexity of the individual’s situation, the decision may be issued within a few months or take considerably longer. It is important to note that USCIS may request additional evidence or documentation during the review process, and it is crucial to respond promptly and comply with any requests to avoid delays or potential denials.
Effects on travel and employment
Filing an adjustment of status application can have implications for travel and employment that applicants should be aware of.
Travel restrictions while the adjustment of status is pending
While waiting for a decision on the adjustment of status application, individuals are generally advised not to travel outside the United States. Departing the country without prior authorization, such as obtaining advance parole, can result in the application being considered abandoned, leading to its denial. It is important to consult with an immigration professional and obtain appropriate travel authorization before making any plans to leave the country.
Applying for employment authorization document
As part of the adjustment of status process, eligible applicants can also apply for an employment authorization document (EAD). This document allows individuals to legally work in the United States while their adjustment of status application is pending. The EAD application can be submitted concurrently with the adjustment of status application or at a later stage if necessary. It is important to note that obtaining an EAD does not guarantee employment and the individual must still comply with any work restrictions imposed by their immigration status.
Working and traveling while the adjustment of status is pending
With a valid EAD, individuals can work in the United States while the adjustment of status application is pending. However, it is crucial to check the specific work restrictions associated with the immigration status and comply with them. Moreover, travel plans should be carefully evaluated and discussed with an immigration professional to ensure compliance with travel restrictions and avoid any negative consequences on the adjustment of status process.
Other important considerations
When filing for adjustment of status after the 90-day period, there are other important considerations to keep in mind.
Impact of unlawful presence
Being in the United States without legal status or staying beyond the authorized period may result in accruing unlawful presence. Accruing a specific number of days of unlawful presence can trigger various bars on reentry to the United States once an individual departs. It is essential to consult with an immigration lawyer to understand the potential implications of unlawful presence and explore possible solutions.
Eligibility for public benefits
While an adjustment of status application is pending, individuals may have limited eligibility for certain public benefits. The specific rules regarding eligibility can vary depending on the state and the nature of the benefit. Understanding the impact of the adjustment of status process on public benefits can help individuals make informed decisions and avoid complications.
Effect on future immigration applications
Filing for adjustment of status after the 90-day period and facing potential denials or other negative consequences can impact future immigration applications. It is important to carefully consider and evaluate the potential implications before proceeding with an adjustment of status application and to seek professional guidance to ensure the best possible outcome.
Common misconceptions about filing adjustment of status
Several common misconceptions exist regarding filing adjustment of status. It is crucial to understand the facts to avoid any misunderstandings or potential mistakes.
Adjustment of status can only be filed within 90 days of lawful entry
While the general rule is to file for adjustment of status within 90 days of lawful entry, there are exceptions to this requirement. It is important to consider these exceptions and consult with an immigration professional to determine eligibility for filing adjustment of status after the 90-day period.
Adjustment of status automatically grants lawful permanent residency
Filing for adjustment of status does not automatically grant lawful permanent residency or a green card. The application goes through a thorough review process, and USCIS makes the final decision. Meeting all eligibility criteria and providing sufficient evidence is essential to increase the chances of a successful outcome.
Filing adjustment of status guarantees approval
Filing for adjustment of status does not guarantee approval. USCIS carefully evaluates each application and may request additional evidence or documentation during the review process. It is important to be prepared and provide accurate and complete information to maximize the chances of approval.
Seeking legal advice
Navigating the adjustment of status process can be complex, and seeking legal advice is highly recommended.
Importance of consulting an immigration lawyer
An experienced immigration lawyer can provide valuable guidance and help applicants understand their options, navigate the complex immigration laws, and prepare a strong adjustment of status application. They can also assess if there are any exceptional circumstances or eligibility for filing after the 90-day period and provide advice on the best course of action.
Finding affordable legal assistance
Legal assistance for immigration matters can be costly, but there are options available to find affordable assistance. Pro bono legal clinics, nonprofit organizations, and local immigrant assistance centers often provide low-cost or free services to individuals in need. It is important to research and explore these resources to ensure access to professional help.
Alternative options for immigration relief
In certain situations, filing for adjustment of status may not be the most appropriate or viable option. Exploring alternative options can be beneficial.
Consular processing
Consular processing allows individuals to obtain an immigrant visa and complete the green card process while outside the United States. This option may be suitable for individuals who are not eligible for adjustment of status or prefer to process their application through the U.S. embassy or consulate in their home country.
Asylum or refugee status
Individuals who fear persecution or meet the requirements for asylum or refugee status may be eligible to seek protection in the United States. These avenues provide immigration relief for individuals facing persecution or danger in their home countries.
Special Immigrant Juvenile Status (SIJS)
SIJS is available for eligible children who have been abused, neglected, or abandoned by one or both parents. This status provides an immigration pathway for vulnerable children in the United States to obtain lawful permanent residency.
Deferred Action for Childhood Arrivals (DACA)
DACA is a program that provides temporary relief from deportation and work authorization for certain individuals who entered the United States as children. This program may be an option for individuals who meet the eligibility criteria and want to regularize their immigration status.
Temporary Protected Status (TPS)
TPS provides temporary relief from deportation and work authorization for individuals from designated countries that are experiencing extraordinary and temporary conditions. Eligibility for TPS is determined by the U.S. government based on country-specific circumstances.
Recent changes in immigration policies
Immigration policies are subject to change, and recent policy developments can impact the adjustment of status process.
Impact of policy changes on adjustment of status filing
Changes in immigration policies, laws, or executive orders can have a significant impact on the adjustment of status process. It is important to stay updated on any recent developments and consult with an immigration professional to understand the potential consequences of these changes on individual cases.
Potential future policy changes
Predicting future policy changes is challenging, but it is important to remain aware and informed about potential shifts in immigration policies. Being proactive and seeking professional guidance can help individuals adapt to any changes and make informed decisions about their immigration options.
Conclusion
Understanding the adjustment of status process is vital for individuals considering filing after the 90-day period. Eligibility criteria, exceptions, and consequences should be carefully evaluated, and professional guidance should be sought to ensure the best possible outcome. It is important to gather the necessary documentation, follow the correct procedures, and seek legal assistance when needed. By understanding the adjustment of status process and exploring alternative options when appropriate, individuals can navigate the complex immigration system with confidence and maximize their chances of obtaining permanent residency in the United States.
