USCIS: Adjustment of Status I-485 Green Card Seekers Must Leave the Country
According to a new policy by US Citizenship and Immigration Services (USCIS), anyone “who is in the U.S. temporarily and wants a Green Card must return to their home country to apply.” Officers can approve I-485 adjustment of status (AOS) applications ONLY where the applicant SHOWS DOCUMENTS of “extraordinary circumstances.” Because getting a green card depends on proving this legal exception, applicants must consider hiring Blandon Law immediately if they want to remain in the safe haven of the U.S.
Will Pending Adjustment of Status Be Denied and Consular Process Approved?
“Return to the home country to apply” packages the process as routine, almost harmless. In reality, applying for a green card at a U.S. embassy or consulate (known as consular processing with the Department of State) carries high risks of denial at worst and family separation of YEARS at best. Blandon Law attorneys specifically avoid consular processing because the administration changes visa processing policies often and the Department of State can deny a green card without giving any reason at all.
EXPERT TIP: If your I-485 adjustment of status is pending, request a consultation with a Blandon Law attorney. We will file additional documents with USCIS that show you QUALIFY for the “extraordinary circumstances” exception. The legal fees is quoted during the consultation. After being hired, Blandon Law attorneys work with I-485 adjustment of status clients to gather documents showing family ties to the United States, payment of taxes, economic benefit to the community, and a long list of other equities.
Should I File Adjustment of Status?
Every case is different so the following is NOT legal advice. Generally speaking, if the risk of being stuck outside the United States or the pain of being separated from family members for years is too high, applicants have no choice but to file I-485 adjustment of status with proof of favorable factors.
During the Blandon Law consultation, we discuss the pros and cons of filing an I-485 green card application. Filing means the applicant can live and work legally in the United States, pay taxes and contribute to the welfare of the United States. Of course, if the I-485 adjustment of status application is denied USCIS may start deportation proceedings. Because the new policy was rolled out without details, green card applications filed now – which are processed more than a year later – may be minimally affected. Also, just as happened with other immigration ideas that went nowhere (remember the wall paid by Mexico?), this policy will be the subject of lawsuits.
If your family needs help with the I-485 adjustment of status immigration process, call 954.385.0157 or click “For Future Clients” today to schedule a chat. Like this post and click “For Future Clients” if you have an immigration question you want to see answered in a future blog entry.
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Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.
