Under the set of federal immigration laws known as the Immigration and
Nationality Act, non-citizens can apply to adjust their status to that
of a permanent resident of the United States under certain circumstances.
For eligible non-citizens who are already in the United States, adjustment
of status is a means of getting a green card, or attaining the status
of a permanent resident of the United States, without having to first
return to their home country for visa processing purposes. In order to
qualify for adjustment of status, an individual must have been inspected
and admitted or paroled into the country and meet all of the requirements
for a green card in a particular category of eligibility. If you apply
for adjustment of status and immigration authorities deny your application,
you do have some options that are still available to you. The notice that
you receive that denies your application for adjustment of status will
provide you with information about your appeal rights, including whether
you can appeal and with whom you should file an appeal. An appeal asks
a higher authority to review the denial of your application for adjustment
of status. If you can appeal, you must file a Notice of Appeal with either
the USCIS Administrative Appeals Office or the Board of Immigration Appeals,
depending on your situation, within 30 days of being served with the denial
notice. You also may be eligible to file a motion to reopen or a motion
to reconsider if USCIS denies your application for adjustment of status.
With a few exceptions, you typically can file these motions even if you
do not have any rights to appeal the denial of your application for adjustment
of status. A motion to reopen asks the original decision-making body to
review the denial of your application, based on new evidence or changed
circumstances. Similarly, a motion to reconsider asks the body that originally
denied your adjustment application to review your denial based on new
or different legal arguments. Essentially, you argue in a motion to reconsider
that the original decision was incorrect based on the evidence presented.
If immigration authorities have charged you with removal and deny your
application for adjustment of status, we are the California deportation
defense lawyers whom you can turn to for help. No matter how lengthy,
complex, or difficult your situation is, there are options available to
you. The attorneys of
Landerholm Immigration, A.P.C.
have the experience and knowledge, to advocate on your behalf and represent
your interests in your deportation proceedings.
Para Espanol haz click
aqui!
Categories:
As of February 2021, we are open again and accepting in-office consultations.
If you want to know more about the Biden's Proposed Immigration Reform, watch our video!