Adjustment of Status & Naturalization/Citizenship

Adjustment of Status

The adjustment of status process can be complicated and challenging. Applicants face difficult questions, issues and changing laws. Which forms and supplemental forms should you file? Will you get a work permit after applying for an adjustment of status? Can I travel? In addition to much more.

At Scott CC Immigration Law, we have a well-earned reputation for getting foreign nationals the adjustment of status they want and need through a variety of creative solutions. Call or email us to inquire about our free limited telephone consultations and our competitive rates. Spanish, Portuguese Korean, Mandarin, Cantonese and French services available.

Adjusting Status in the United States Includes the Following:

  • Naturalization to become a U.S. Citizen
  • Becoming a United States Permanent Resident Through Work;
  • Becoming a United States Permanent Resident through a Spouse or other Family Member; and
  • Changing from one Non-Immigrant Visa Category to another.

During the adjustment process it is very important to ensure that your current status remains intact and is bridged successfully. We guide you accordingly.

The Critical Link between Conditional Greencard & Applying for U.S. Citizenship

The N-400 Application to become a U.S. Citizen can be a landmine for Permanent Residents who do not understand the critical link between the I-751 Removal of Conditions and Citizenship process. An N-400 Naturalization Application often resembles an audit. Hopefully, with the help of experienced immigration counsel you will file for Naturalization successfully without delay or surprise based on the below pointers.

An I-751 Removal of Conditions application is required for couples who apply for U.S. immigration status while being married less than two years. This application required a second interview traditionally to remove conditions and receive outright Permanent Resident Status in the United States. However, the trend by U.S. Immigration & Citizenship Services (“USCIS”) is to not conduct an interview and instead mail the new ‘unconditional’ Green Card based on the papers only.

For example, a lady came to our law firm exasperated because she had applied for Citizenship by herself, and she could not understand why USCIS issued an RFE for her to provide proof that her and her husband lived together for the relevant period of time up until they divorced. In the client’s mind, she had already handled this matter. However, as I pushed her with questioning, she finally confessed, that the couple had filed the I-751 application together despite being separated after only living together a few months of marriage. Instead of filing an I-751 waiver (not the topic of this short post), which would have solved the problem, her and her former spouse decided to file jointly and she received her Permanent Resident Status for her and her minor daughter.

All was well, she thought, so she proceeded to naturalize by filing the N-400 application also by herself without the assistance of an immigration lawyer. Ultimately, her case was denied and she was placed in final removal proceedings along with her daughter who was a derivative beneficiary.

Lessons learned here are the following:

  • Sit down with an immigration attorney to review your I-751 conditional removal application before filing.
  • Determine if a waiver is needed.
  • Be prepared for retroactive questioning on your I-751 application when applying for future benefits such as Naturalization; and
  • Only begin the N-400 application process for Citizenship with an immigration attorney who will prepare your case by carefully ‘auditing’ all your prior immigration history and facts to reduce or eliminate the chance of delay or denial of the application.

Canadian Immigration Options

Our lead attorney is an immigrant from Canada, so she understands what you feel as you face the challenge of continuing to remain in status. We also have a lawyer licensed in Canada for temporary or permanent Canadian immigration options.

Scott CC Immigration Law can quickly and cost-effectively help you with any of the following:

  • Temporary Canadian immigration
  • Change of status to alternative appropriate category (if needed)

Call or email us to discuss an adjustment of status, family visa, permanent residency, work visa or other immigration matters. Inquire about a consultation. Spanish, Portuguese Korean, Mandarin, Cantonese and French services available.

Our office hours are Monday to Friday, 8 a.m. to 6 p.m.; evening appointments available. We also have satellite offices in Washington D.C., Virginia and Maryland and offer Skype TM conferences as well. We accept Visa and MasterCard.

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