Adjustment of Status

Under United States immigration law, petitioning for adjustment of status — also known as applying for a green card — is the process for obtaining lawful permanent resident status for immigrants who are present in the U.S. As a green card lawyer with over a decade of experience in all aspects of immigration law, attorney Mustafo Davlatov helps clients with adjustment of status applications and the complicated process of obtaining a green card. Based in Brooklyn, New York, Davlatov Law Firm, P.C. serves clients worldwide, with a primary focus on individuals and families from Central Asia and Turkey.

Compassionate Green Card Lawyer with a Client-Focused Approach

Mustafo Davlatov established his own immigration law firm in 2021, after more than 10 years working as an immigration and green card lawyer in other firms. He has always focused his practice on helping individuals and families from Central Asia and Turkey get assistance from an immigration attorney who understands their roots, culture, and language. As an immigrant himself, Mustafo has special insight into the concerns and issues faced by his clients.

Clients value the compassion and empathy that Mustafo applies in all aspects of his work. His personal dedication to clients and his extensive knowledge and skill have earned him a strong reputation as a client-focused, results-driven immigration and green card lawyer who is passionate about helping clients successfully navigate the complex immigration system, including the process for adjustment of status.

Davlatov Law Firm provides legal services in multiple languages. Mustafo and his paralegal team members are fluent in a number of foreign languages, including Tajik, Russian, Uzbek, and Turkish. Mustafo believes it is important for clients to be able to communicate in their own language whenever possible, rather than relying on translation services.

Lawful Permanent Residency

In the U.S., obtaining lawful permanent residency status enables non-citizens to live permanently in the United States, when they are already lawfully present in the country. A lawful permanent resident (sometimes referred to as an LPR) may accept employment without restrictions, own real and personal property, receive financial assistance from public educational facilities, apply for a Social Security card, apply for a state driver’s license, and enlist in the Armed Forces. An LPR may also apply for U.S. citizenship if they meet certain eligibility requirements.

To become a lawful permanent resident, a non-citizen must apply for a green card through the adjustment of status process. The laws and processes that apply are extremely complex. Getting help from an experienced green card lawyer in navigating the process is strongly recommended. At Davlatov Law Firm, your first consultation is always free of charge, so you have no reason to hesitate contacting us for help with the green card process.

Green Card Eligibility

Eligibility and admissibility requirements must be met for an individual to apply for and receive a green card and obtain lawful permanent resident status. Federal immigration law establishes several broad classes of foreign nationals eligible to apply, with the largest categories relating to admitting immigrants for the purpose of family reunification. In broad terms, the categories include the following:

  • Immediate relatives of U.S. citizens: Spouses, children, and parents of U.S. citizens who are at least 21 years old. There is no limit on the number of immediate relatives who can apply for adjustment of status annually.
  • Family-sponsored preferences: Family members who do not qualify as immediate relatives may be eligible under the established family-sponsored preferences. Within this classification, eligibility is based on a priority order. The annual number of family-sponsored preference petitions is limited.
  • Employment-based preferences: Within numerous subcategories organized by priority, an individual may be eligible to immigrate to accept employment with a U.S. employer.
  • Refugees and asylum: Individuals who have been persecuted or have a well-founded fear of persecution may be eligible through a refugee program or under the asylum provisions of immigration law. Immediate relatives may also be eligible.
  • Special Immigrants: Religious workers, minors who qualify as special immigrant juveniles, and certain family victims of abuse are eligible to apply for a green card.
  • Diversity: Individuals from countries with relatively low levels of immigration to the U.S. may be eligible under the Diversity Immigrant Visa Program.
  • Other: Special legislation establishes other admission categories for certain individuals.

The best way to find out if you are eligible to apply for lawful permanent resident status (a green card) and understand what limitations may apply is to discuss your situation with an experienced green card lawyer. If you attempt to navigate the immigration laws without professional help, you can create significant problems that are difficult and time-consuming to resolve. Mustafo Davlatov has extensive experience assisting individuals, families, and employers with navigating the complex adjustment of status process, including determining eligibility to apply.

Adjustment of Status Process

The green card process is fairly complex but follows a general format in most cases. The first step is determining eligibility, as discussed in the preceding section.

Immigrant Petition

If you are eligible, the next step is filing an immigrant petition. Which specific forms and type of petition are necessary depends on your circumstances and the eligibility category. In some cases, someone else (such as a relative or employer) must file the immigrant petition for you.

As part of the process, it is necessary to check visa availability in some categories, since you may not file a petition until a visa is available in your category. Your green card lawyer explains when limits apply and can determine visa availability, if there is a limit in your eligibility category.

Appointments and Documentation

After filing an immigration petition and any other required forms, you receive notification about an appointment with a USCIS (United States Citizenship and Immigration Services) application support center, where the agency representative collects identification information and asks you to sign an acknowledgement about your application and the information you provide. You must attend the appointment and provide the required information.

In some cases, you may also be asked to attend an interview at a USCIS office or receive a request for additional information. If an interview or more information is required, you must complete both steps to avoid denial of your application.

Decision on an Application

After the steps are completed, you can check the status of your case online. The length of time to receive a decision varies greatly, depending on the situation and eligibility category. Your green card lawyer can give you guidance on how long it is likely to take to receive a decision in your case.

You eventually receive notice of a decision, either approving or denying your application. If your application is approved, you receive your green card (permanent resident card) a short time after the approval. If your application is denied, you may be able to appeal or request reconsideration of the decision.

You should enlist the help of a green card lawyer to help you navigate the adjustment of status process. While the above summary may sound somewhat simple, the process often involves complex documentation and issues that must be resolved to avoid denial of the immigration petition.

Schedule a Free Consultation with a Green Card Lawyer

At Davlatov Law Firm, we help individuals, families, and employers navigate the complicated process for adjustment of status, as part of our wide-ranging immigration legal services. From our office in Brooklyn, New York, we assist clients worldwide. For individuals and families from Central Asia, we provide services in multiple languages, including Tajik, Russian, Uzbek, and Turkish.

Your first consultation is always free of charge. Please contact us or schedule an appointment to talk with us about your immigration concerns.