Adjustment of Status (Green Card) & Naturalization (Citizenship)
At Shestopalko Law, we want to help you adjust your immigration status and eventually become a Citizen of the United States. Obtaining a green card or adjustment of immigration status is a crucial step in the immigration process which will eventually qualify you to become a Citizen of the United States. There are many benefits of becoming an American citizen. As an American citizen, you may vote, and you may petition your family to join you in the United States, and most importantly you will no longer have to live in fear of ever being deported. We understand the process can be confusing and complex and that is why we will be with you every step of the way.
Adjustment of Status (Green Card)
When a person wants to become a Permanent Resident of the United States, he or she must first obtain a green card. Originally deriving its name from the color of the card, a green card is the status of a person authorized to permanently live and work in the United States. Adjustment of Status (getting a green card) is the process by which a non-United States citizen applies to become a Permanent Resident of the United States. Once a person becomes a Permanent Resident, they must carry their residency documentation (green card) with them. A green card offers important rights and protections. After a certain number of years, a green card holder can apply to become a naturalized United States citizen.
The most common ways for an alien to qualifying for Adjustment their Status or obtaining a green card are:
- Family Based Petitions
- Employment Based Petitions
- Asylum and other Humanitarian programs
- Special class of Immigrants Petitions
- Winning a Diversity Visa Lottery (winning a green card lottery)
Certain requirements must be met before an alien can apply for an Adjustment of Status obtain a green card:
- An alien must already be eligible for a United States green card under the existing immigration laws (through an employer, through a family member, as an asylee, or by belonging to a special call of immigrants)
- If an alien is eligible for a green card through their employer or family, he or she must have an approved visa petition on file
- If an alien entered the country on a K-1 visa, he or she must be married to the person who petitioned for his or hers K-1 fiancé’s visa
- If an alien was granted asylum in the United States, one year must have passed since that status was granted
- The alien must be physically present in the United States
- The alien could not have entered under the Visa Waiver Program (VWP)
- The alien’s status must be valid at the time he or she applies for an adjustment of status.
Each adjustment case is different, and the eligibility criteria listed above may be subject to certain exceptions depending on the specific circumstances of the case. If you do not meet one of the requirements please contact Shesptopalko Law for your individualized help and check out our waivers page.
There are two primary paths for a non-citizen to Adjust their Immigration Status or obtain a green card.
- Under the first path, an alien living inside of the United States who qualifies for an adjustment of status would not have to go overseas in order to apply and interview for their green card. There are many benefits of taking the adjustment of status route:
- You can file an Adjustment of Status application concurrently with immediate relative green card petition.
- You can maintain valid status in the United States while your Adjustment of Immigration Status application is being processed.
- You can apply for employment authorization.
- You can appeal a denied Adjustment of Status application.
- Consular processing is an alternate path for an alien who is in the United States but is ineligible to adjust status or individual outside the United States to obtain a visa abroad and enter the United States as a permanent resident (with a green card).
Adjustment of Immigration Status (green card) applicants wishing to complete the process in the United States must first file status granting forms (I-589, I-130, I-140 and others). Once the status granting form is approved, the applicant must file I-485. It could take six to 36 months or more to obtain a green card after a complete and valid I-485 was submitted. The process includes an adjustment of status (green card) interview, medical exam, and background check. Those hoping to work or travel during the period when their green card application is processing should also apply for EAD (work permit) and advance parole (travel permit).
Note: not all applicants will qualify for the work/travel permit and the advance parole does not guarantee re-entry into the United States. It also does not cure any prior overstay.
In some cases, the United States Citizenship and Immigration Services will interview an adjustment of status applicant. Typically, the interview will last around 20 to 60 minutes. The officer conducting the interview will ask the applicant questions regarding his or her application and will verify the pertinent documents. An applicant going to an interview should bring a complete copy of his or her visa petition and adjustment status application as well as any documents that may be relevant to his or her application.
Those Fiancés who adjusted their status (obtained their green cards) based upon a marriage to a United States Citizen (Fiancés who traveled to the United States on a K-1 or K-2 Visa) will receive a conditional green card. The conditional green card is valid for two years from the date of issuance. He or she will be required to apply for an unconditional permanent green card prior to the expiration date of the conditional green card and show evidence that the marriage was bona fide (real) and not entered into to evade immigration laws. This process is called removal of conditions on a green card. An applicant is still eligible to remove conditions on their green card through a waiver even if they divorced or their spouse passed away prior to the expiration of the two years period. However, an experienced immigration attorney is usually required in order to comply with the waiver’s requirements.
A person with a labor certification or a visa petition filed on their behalf on or before January 14, 1998 is qualified for the benefits of adjustment of status or obtaining a green card. Under the special adjustment of status law, a person who has a labor certification or visa petition filed on their behalf after January 14, 1998, but on or before April 30, 2001, is also qualified for the benefits of special adjustment of status law but only if they were physically present in the United States on the date of enactment of the new law on December 21, 2000. This adjustment of status is becoming progressively more rare and complicated; please consult an experienced immigration attorney in order to meet the requirements of the special adjustment of status law.
Benefits of Adjusting Immigration Status (obtaining a green card):
- Ability to reside indefinitely in the United States
- Ability to enter and leave the United States
- Ability to be legally employed in the United States
- Right to apply for government sponsored financial aid for education
- Green card holder pay less tuition for university and college
- Green card holder can sponsor their spouse and unmarried minor children under 21 to migrate to United States
- Green card holders are eligible to eventually apply for Naturalization to obtain a United States citizenship
Naturalization (Citizenship)
Naturalization is a process by which a lawful permanent resident (green card holder) becomes a United States Citizen. United States Citizenship is considered by many to be the ultimate benefit granted by United States Citizenship and Immigration Services to an immigrant. For this reason, it is important that you hire an experienced naturalization lawyer to review and process your case. Shestopalko Law has the experience necessary to review your immigration history and process your naturalization application as quickly as possible.
Benefits of Naturalization (Citizenship):
- Green Card Holders are Deportable BUT United States citizens are not! Many crimes or illegal activity could get a green card holder deported. The same activity will not cause a person to lose acquired United States citizenship.
- United States citizens can sponsor close family members IMMEDIATELY while green card holders have long waiting lines. Currently, green card holders have to wait two years before they are able to sponsor for their spouses to come into the United States. United States citizens can sponsor their spouses immediately.
- United States citizens are able to sponsor their spouses, children, parents and siblings, while green card holders are only able to sponsor their children and spouses.
- Green card holders are often disqualified from obtaining Federal Government employment, while citizens are not.
- United States citizens are able to vote in elections while green card holders are not.
In order to become a United States Citizen, a Lawful Permanent Resident must:
- Be at least 18 years of age
- Be able to read, write, and speak simple English
- Understand the basics of United States history and civics
- Be person of good moral character throughout the time of residency
- Be Lawful permanent resident (green card holder) for five years or three years if permanent residency was obtained through marriage to a United States citizen
- Not have trips outside the United States for more than 6 months
Individuals who fail to satisfy one of the above requirements may still be eligible to naturalize. Please call Shestopalko Law in order for us to evaluate your personal circumstances.
An alien applying for Naturalization must prove that they had Good Moral Character throughout the time of residency. Therefore, it is important for the applicant to disclose all criminal arrests to the United States Citizenship and Immigration Services regardless of how minor they were. Even arrests that were expunged or sealed by a Criminal State or Federal Court, the arrest must be disclosed. Convictions of gambling, drug possession, drug distribution, prostitution, fraud, smuggling, and other felonies may cause an individual to be considered of bad moral character and disqualify them from citizenship. Any past immigration fraud will disqualify an applicant from proving the necessary good moral chapter to obtain United States citizenship.
Other offense like Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) may cause the United States Citizenship and Immigration Services to deny the Naturalization application.
Applicants with issues relating to their good moral character should obtain help from an experienced immigration attorney who will aid them in overcoming these issues.
Once an application is filed, the interview will be scheduled. At this mandatory interview the applicant will answer questions about himself of herself, his or hers application and his or hers background. There are two tests as part of the interview: a written examination and an oral examination. During the oral examination, the interviewer will ask the applicant questions about American history and civics. During the written examination, the applicant will be tested on their ability to read, speak, write, and understand English. By taking and passing these tests, the applicant will prove that he or she can read and write English and that he or she is knowledgeable of the history and government of the United States.
Depending on applicant’s age and the length of time that he or she has resided in the United States as a lawful permanent resident, he or she may be able to take the examinations in your native language. In addition, there are exemptions from these tests for applicants who are able to show medical documentation of mental or physical disability.
An applicant may be represented by an attorney during the interview.
Once the applicant has passed his or hers naturalization interview, he or she will receive a ceremony date. At this ceremony, he or she will return his or hers green card and take a ceremonial Oath of Allegiance. The applicant will then receive his or hers Certificate of Naturalization and be granted all of the rights and responsibilities of a United States citizen.
Why Hire a Lawyer?
Those who fail to submit complete and accurate application experience a significantly greater delay in processing. By hiring a qualified lawyer, you can reduce the chance that your application will be delayed for errors or omissions or, worse, rejected for misrepresentation. Even the most qualified or thoroughly prepared applicant can experience nervousness on the day of his or her interview. Nervousness can lead an innocent applicant to appear evasive or dishonest. A lawyer can accompany an applicant to his or her interview and can help set the tone for a successful interview. The lawyer can also address any issues that may arise concerning residency, physical presence, or good moral character.
For more specific help with your individual case, call Shestopalko Law today at (585) 506-7356, email andriy@shestopalkolaw.com or fill out our contact form.
Disclaimer: This article discusses general legal issues, but it does not constitute legal advice. No one should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. Shestopalko Law expressly disclaims all liability in respect of any actions taken or not taken based on any contents of this article.