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Adjustment of status in the Immigration and Nationality Act (INA) of the United States refers to the legal process of conferring permanent residency upon any alien who is a refugee, asylee, nonpermanent resident, conditional entrant, [1] parolee, and others physically present in the United States.
The K-3 status (and any dependent K-4 status) automatically expires 30 days after any of these: The USCIS denies or revokes the Form I-130 petition; The USCIS denies or revokes the Adjustment of Status application by the K-3 nonimmigrant; The marriage is terminated through divorce or annulment
Special Immigrant Juvenile Status (SIJS) (sometimes also written as Special Immigrant Juvenile (SIJ) Status) is a special way for minors currently in the United States to adjust status to that of Lawful Permanent Resident despite unauthorized entry or unlawful presence in the United States, that might usually make them inadmissible to the United States and create bars to Adjustment of Status.
The Stokes interview originated from the Federal District court case of Stokes vs. the INS in 1975. Two U.S. citizens, Charles Cook and Bernard Stokes, who married citizens of Guyana filed a suit challenging the INS procedure for determining whether to grant preferential status on the ground that the two non-citizens were "immediate relative" of U.S. citizens.
Depending on whether an applicant is applying for an Immigrant Visa or Adjustment of Status, Form I-601 may be filed at the consular office, U.S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application. [1]
The USCIS does not allow an alien to pursue consular processing and adjustment of status (AOS) simultaneously. Prior to filing the form I-485 (Adjustment of Status) it is required that the applicant have a medical examination performed by a USCIS-approved civil surgeon. The examination includes a blood test and specific immunizations, unless ...
The rules, codified in section 202(b) of the Immigration and Nationality Act, [2] allow USCIS to determine the country of chargeability according to the following rules: When an applicant is a child, accompanied by or joining a parent, the child may be charged to the foreign state of either parent.
The USCIS says that if it has not reached a decision on the Form I-539 by the expiration date of the Form I-94, the applicant is no longer in authorized status. However, removal proceedings are unlikely to be initiated against the applicant and, if they are, then the pending Form I-539 can be used as a mitigating factor against the removal.
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