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Is it possible to adjust my status after submission of I-526?

I want to know if I can apply for a green card through the 1-485 application for adjustment of status as an Irish citizen after submission of my 1-526 petition. I want to do this because my passport permits me to stay in United States for no more than three months at a time. What is the best way to adjust status after filing of the I-526 petition?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    If you entered the United States on a visa waiver, you are not eligible to adjust status. Further, the approval of an I-526 is required prior to applying for I-485 adjustment of status.

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    Michael A Harris

    Immigration Attorney
    Answered on

    If you enter the United States using the visa waiver program, you are not eligible to apply for adjustment of status after your petition is approved. You would have to have another form of nonimmigrant status in order to apply for adjustment of status in United States. Please feel free to contact me for more information.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can only adjust status if you are in the US lawfully and have not worked without permission or been out of status. You cannot adjust status off of the visa waived entry. You need to have a more secure status, for example students may be able to adjust in certain instances.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You cannot adjust status upon filing of I-526 petition. Current processing times for I-526 petitions are on average about 18 months. You will need to consular process and obtain immigrant visa upon approval of your I-526 petition in order to immigrate to the United States, or file I-485 adjustment of status application upon approval of your I-526 petition if you are in another lawful immigration status in the United States, by way of an example, a work visa or student visa. Please do not hesitate to contact our office, should you need further assistance or have other questions.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can only adjust upon an approval of the I-526 petition, not before. That is, the approval gives you the basis for filing the I-485. If you can arrange your travel timeline to be in the United States upon I-526 approval (which may be difficult because of unpredictable USCIS processing time), then you can move forward with adjustment instead of consulate processing. It is best to retain experienced U.S. immigration counsel to create an immigration strategy and assist you with the process.

  • Avatar

    Gregory Romanovsky

    Immigration Attorney
    Answered on

    An I-485 is only possible after the approval of the I-526. Also, from the wording of your question, it sounds like you entered the United States on a visa waiver (for up to 90 days). If so, you are not eligible for adjustment even after the I-526 approval. You need to consular process.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As a visa waiver entrant, you are not eligible for the I-485 adjustment of status processing. You will need to process your immigrant visa at the U.S. embassy in your home country.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    If you entered without a visa or visa waiver, you cannot adjust your status when it is employment based. Moreover, coming in as a tourist and adjusting could trigger issues regarding preconceived immigrant intent. You should consular process.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    An I-485 can only be filed upon approval of the I-526. Further, you need to be here on a visa and not an ESTA. I suggest you call me to better discuss your options.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    USCIS just reported that the normal processing time for I-526 is more than 19 months. Thus, it would be impossible for you to stay on a visitor visa or some other visa that allows you to stay for few months and adjust here. If you are out of status by overstaying your visa, you cannot adjust. If you have entered on a visa waiver, you cannot adjust. Since Ireland is not one of the posts that are giving trouble with immigration visa applications, you would be better off doing the consulate processing after I-526, unless you obtain a visa that will let you stay for at least 2 years legally.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    If you are in the United States under a visitor status with a true intent to stay for a temporary period and then return home, based upon an actual visa stamp in your passport, and not the visa waver program, you can apply for adjustment in the United States by filing an Application I-485. If you are entering the United States on the visa waiver program, the best approach for you is to proceeded through the U.S. Consulate for the conditional permanent residency visa.

  • Avatar

    Anthony Ravani

    Immigration Attorney
    Answered on

    Yes. It all depends when I-526 is approved. If the approval of I-526 is received while you are in the United States on a valid visa, then it can certainly be adjusted via I-485.

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    Anthony Korda

    Immigration Attorney
    Answered on

    Filing the I-526 Petition does not provide lawful status to remain in the United States. However, if you are lawfully present in the United States when your I-526 Petition is approved, you may be able to file an I-485 and adjust status.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The only way you can do this is if you were to come to the United States shortly before the I-526 is approved. Honestly, you will process faster at the consulate though.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    Since you are an Irish citizen and you entered with the ESTA, you cannot extend or change your status in the United States. This means that unfortunately you will not be able to apply for the I-485 in the United States and you will have to apply for your conditional residence through consular processing. If you have any additional questions, please do not hesitate to contact me.

  • Avatar

    Daniel B Lundy

    Immigration Attorney
    Answered on

    Unfortunately, you cannot concurrently file an I-485 application with an I-526 petition like you can with some other types of employment or family petitions. It is very important that you do not violate your visa waiver status. Your only option may be to leave and return with a new 90 day period of admission or wait abroad while your I-526 petition is pending. If you can obtain another type of visa, you may be able to remain in the United States for longer during the time your I-526 petition is pending, but there may be issues in obtaining a visa and immigrant intent if your I-526 has already been filed. For the best advice on your specific circumstances, you should speak directly with an immigration attorney.

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