American Dream-Abogado de Inmigracion Tarjeta de Residencia

Do you have the American Dream? Tienes el sueno Americano?

The American Dream is for Everyone; Including You 

About the Firm: 

American Dream Attorneys is an immigration law firm in North America.  Our attorneys are admitted to practice law in at least one state within the United States, and have experience handling various aspects of American and nationality law.   Because U.S. immigration laws are federal in nature, the attorneys at American Dream Attorneys are able to provide legal services to clients located anywhere within the United States.  American Dream Attorneys can also assist clients with immigration matters located outside of the U.S.  Our attorneys handle immigration proceedings before the government, and provide consultations to individuals and corporations.  

Practice Areas:

- Visitor's Visas (B-1/B-2)  

- Student / Exchange Visitor Visas (F-1, M-1, J-1, Q-1)

- Specialty Occupation (Professional) Visas (H-1B)

- Fiance Visas (K-1, K-2, K-3)

- Extraordinary Ability / Religious Worker Visas (O-1, R-1)

- Employer-Based Visas (EB-1, EB-2, EB-3, EB-4)

- Treaty Trader or Investor Visas (E-1/E-2, EB-5)

- Intracompany Transfer Visas (L-1A, L-1B)

- PERM Labor Certification and Petitions for Alien Workers (I-140)

- Family Sponsored Immigration / Consular Processing (I-130)

- Adjustment of Status  for Immigrants in America(I-485)

- Waivers (I-601,I-601A, or 212's under the INA)

- Naturalization Applications (N-400)

- DV-Visas (Green Card Lottery)

- Asylum Applications, Witholding of Removal or Convetion Against Torture Claims  (I-589)

- Deportation / Removal Proceedings (Notice to Appear I-862)

If you would like to schedule a free consultation, please call us at 1-888-647-8366- or e-mail us.  You may also schedule a free web consultation.  For representation of a person currently in custody, you may call us immediately.  

American Dream Attorneys offers legal services in English, Spanish and French. 

Our attorneys are here to assist you in pursuit of your American Dream. Every great family in American had to begin somewhere. Someone in that family had to dare to be better than average, and dare to be great. They had to have a vision for their family's social position and their personal welfare that included steady improvements in all areas. This vision included security, peace, prosperity, and freedom of personal liberty. These ideas are part of the American Dream. In america the constitution provides a basis for an individual to strive to obtain these things in a free market with others. We feel in a market such as this individuals will be able to prove their worht compared to others and be rewarded on that basis. In America everyone is free to pursue their individual destiny in all areas of life. A meritocracy allows an individual to p rove thier individual worth progress steadily upward in society. This is the American Dream.
Everyone that now inhabits this great country comes from a family with someone that dared to dream to provide a better life for themselves and their family. These families dreamed of a land of freedom and opportunity. They pursued that dream with other people who believed in "life, liberty and the pursuit of happiness". They were so passionate about their dreams; they eventually fought for their dreams. Their dream was so important they inserted that belief into a document declaring their own independence, The Declaration of Independence. So, they left their countries and homes in search of this land and secured it. This one journey forever changed their family's destiny in this world. Our families share this journey together; it never truly ends. Our families are traveling the same path. We are just at different points of our journeys to fulfilling the American Dream. The American Dream is a pursuit of a better position in the world, economically, socially, and personally than you currently have. We strive to obtain a better standing in order for our kids to have a better life than we did ourselves. This is every generation's goal and coming to America was critical for our families to vitality and successes.
Our law firm concentrates its practice on Immigration Law. We are here to assist you from your initial pursuit of entry into the United States through your arrival at a port of entry to any extensions of your stay or adjustment of status. We can assist your family with all matters governed by the United States Citizenship and Immigration Services Offices, The Department of State, and The Executive Office of Immigration Review or Department of Justice. The pursuit of the American Dream is a pursuit taken by the whole family and we can assist your family in getting to, or staying, in the U.S. to pursue your dreams together in America.
We may assist you with the following matters: non-immigrant visas; immigrant visas; green cards through the visa bulletin or green card lottery; adjustment of status issues; fiancé visas K1's; spousal waivers to avoid penalties or bars I-601 or I-212, deportation matters before the EOIR immigration courts, investor visas or treaty investor visas E1 or E2, EB5's, employer based visas like L1's, student visas F1's or M1's, NAFTA TN Visas, temporary protective status applications, agricultural visas, intra-country adoptions, asylum and refugee petitions, and naturalization applications.

Overstayed on your visa? Or if you are an undocumented alien then the Registered Provisional Immigrant Status in the reform bill could apply to you see this page our website. Reform Bill
It is our goal to help you at every step throughout your immigration application process so you will never feel overwhelmed by your interaction with the United States government; whether you are dealing with the USCIS, State Department or Department of Justice we are here for you. We believe everyone deserves a chance to obtain their American Dream. Contact our team of dedicated and knowledgeable immigration attorneys today in order for them to handle all of your United States Citizenship and Immigration Service needs. green card adjustment of status- American Dream immigration lawyer- green card

Do you have an American Dream?

Tell us about your American Dream and how we can Help Assist you by protecting and preserving your American Dream.

Our most popular immigration services include:

I-90 Application to Replace Permanent Card

Applications for U.S. Citizenship/Naturalization (N-400)

Family Based Visa Petitions/Green Card

Battered Spouse Petitions

I-130 Petition and Consular Processing

Fiancé Visa K1/K2

Political Asylum

Spanish/English Certified Translations

La preparación de documentos de inmigración para enviar a USCIS para su procesamiento requiere los servicios de un abogado. Si no está familiarizado con los requisitos específicos de su proceso, puede ser difícil o imposible lograr su objetivo.

Tenemos años de experiencia en la preparación de documentos y casos de inmigración para nuestros clientes, y nuestros paquetes generalmente son aprobados la primera vez.

No pague honorarios legales innecesarios y tenga cuidado con los estafadores en línea. Visítenos en  Nuestra página web es . O puede llamar hoy para analizar sus necesidades de preparación de documentos:

Nuestros servicios de inmigración más populares incluyen:

Solicitud I-90 para reemplazar la tarjeta permanente

Aplicaciones para Ciudadanía / Naturalización de los Estados Unidos (N-400)

Peticiones de Visa Basadas en Familia / Green Card

Peticiones de Cónyuges Maltratados

I-130 Petición y Procesamiento Consular

Prometido Visa K1 / K2

Asilo Político

Traducciones Certificadas Español / Inglés

American Dream Attorneys Immigration Lawyers

Immigration law firm assisting immigrants and non-immigrants when they deal with the CBP, ICE, or USCIS. Immigration papers or papeles de inmigracion are necessary for foreign nationals to retain a lawful status. Family petitions for visas and employer based petitions also can provide entry to foreign nationals at customs and border inspection points. After being inspected some foreign nationals currently in the United States may adjust status (ajuste statuso) to a permanent resident. Ciudadania Abogado De Inmigracion in Tampa y Abogado De Inmigracion in Miami listo por todo. American Dream Immigration Lawyer in Tampa is ready to fight to protect and preserve your American Dream.

American Dream Immigration Lawyers- Abogados de Inmigracion

USCIS United States Citizenship and Immigration Services- Green Cards- Legal Permanent Resident Visa

Family Based Green Cards

Family Petitions
Residents of the US as LPR's or USC's are entitled to certain statutory benefits under the INA regarding their rights to request, or petition, the government to allow their family member to be allowed to be admitted as a Legal Permanent Resident. This is the only way to legally request for a family member to move to the US permanently.

Family Based Preference Categories
The family members that will benefit from the petition or request of their family member in the United States are called beneficiaries. The beneficary is assigned a preference category based on the type of relationship they have with the resident, as well as the status of the resident petitioner. The period of time that it will take for the beneficiary to be admitted into the US will depend on the categary they are placed into and the date of the petition when it was received by the USCIS from your family member.

The Visa Bulletin
This publication is published monthly by the Department of State and includes dates known as priority dates. These priority dates are critical for determining when to seek admission into the US. The date that USCIS received your family member's petition is called the priority date of the application. This is the date that is in the Visa Bulletin.

Numerical Limits to Visa Categories
The INA also sets annual limits on the types of visas that can be issued yearly. There are some preference categories that are not subject to the annual limits. If your visa category as the beneficiary is not subject to an annual limit then you may seek admission into the US as soon as the petition is approved by the USCIS.

United States' Citizens' Petitions
Petitions submitted by USC's for certain immediate family members are not subject to the annual numerical limits. The spouses, parents, and children of USC's are not subject to this annual limit. Other members of the family are either not eligible or subject to numerical limits.

Legal Permanent Residents' Petitions
All petitions submitted by LPR's are subject to numerical limitations. The time period required for processing applications varies depending on the preference category of the beneficiary and the number of visa allotted to their country of origin. EB-5 visas do not have country limits. E2 Investor visas are allowed unlimited renewals, but are not immigrant visas.

However, a petition can be upgraded once a LPR or green card holder becomes a citizen after naturalization. If their american child is 21 or over they could then file a petition.


Investor Treaty Visas E2

Investor Visas*


Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries, select Treaty Countries. 

You must be coming to the United States to:

•engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country; or 

•develop and direct the operations of an enterprise in which you have invested a substantial amount of capital.

For more information on business investment in the United States, see the U.S. Department of Commerce website SelectUSA. 

Trade for Treaty Trader and Treaty Investor purposes – Examples:

These are some examples of types of enterprises that constitute trade under E visa provisions.

•international banking





To qualify for a Treaty Trader (E-1) Visa

•You must be a citizen of a treaty country.

•The trading firm for which you plan to come to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise. 

•The international trade must be substantial, meaning that there is a sizable and continuing volume of trade.

•More than 50 percent of the international trade involved must be between the United States and the treaty country.

•Trade means the international exchange of goods, services, and technology. Title of the trade 

items must pass from one party to the other. 

•You must be an essential employee, employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify. 

To qualify for a Treaty Investor (E-2) Visa

•The investor, either a person, partnership or corporate entity, must have the citizenship of a treaty country.

•If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.

•The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise. 

•The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment. 

•It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States. 

•You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed. 

•You must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify. 

How to Apply

There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. embassy or consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply. 

Complete the Online Visa Application

•Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160. You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview. 

•Photo – You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements. 

Schedule an Interview

While interviews are generally not required for applicants of certain ages outlined below, consular 

officers have the discretion to require an interview of any applicant, regardless of age. 

You must schedule an appointment for your visa interview, generally, at the U.S. embassy or consulate in the country where you live. You may schedule your interview at any U.S. embassy or consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence. 

If you are age: Than an interview is: 

13 and younger Generally not required 

14-79 Required (some exceptions for renewals) 

80 and older Generally not required 

Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply. 

Prepare for Your Interview

•Fees - Pay the non-refundable visa application fee, if you are required to pay it before your interview. For current fees for Department of State government services select Fees. When your visa is approved, you may also pay a visa issuance reciprocity fee, if applicable to your nationality. Please review the Visa Reciprocity Tables to find out if you must pay a visa issuance fee. 

•Review the instructions available on the website of the embassy or consulate where you will apply to learn more about fee payment. 

Gather Required Documentation

Gather and prepare the following required documents before your visa interview:

•Passport valid for travel to the U.S. - Your passport must be valid for at least six months beyond your period of stay in the U.S. (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application. 

•Nonimmigrant Visa Application, Form DS-160 confirmation page

•Application fee payment receipt, if you are required to pay before your interview 

•Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements. 

•Nonimmigrant Treaty Trader/Treaty Investor Application, Form DS-156E – This form is required for: ◦all E-1 treaty trader visa applicants; and

◦E-2 treaty investor visa applicants, if you are an Executive/Manager/Essential Employee.

Additional Documentation May Be Required

Review the instructions for how to apply for a visa on the website of the embassy or consulate where you will apply. Additional documents may be requested to establish if you are qualified. 

Treaty Trader (E-1) or Treaty Investor (E-2) visa applicants must establish that the trading enterprise or investment enterprise meets the requirements of the law and complies with the many requirements for the E visa category. The consular officer may provide you with special forms to complete for this purpose. You should expect that the consular officer will request additional documentation to determine your eligibility for a treaty trader or treaty investor visa. It is impossible to specify the exact documentation required since circumstances vary greatly by applicant. For detailed requirements for this category, review 9 Foreign Affairs Manual 41.51 Treaty Trader and Treaty Investor. 

Attend Your Visa Interview

During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying. 

Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location. 

After your visa interview, your application may require further administrative processing. You will be informed by the consular officer if further processing is necessary for your application. 

When the visa is approved, you may pay a visa issuance fee if applicable to your nationality, and will be informed how your passport with visa will be returned to you. Review the visa processing time, to learn how soon your passport with visa will generally be ready for pick-up or delivery by courier. 

Additional Information

•You will need to demonstrate your intention to depart the United States at the end of your stay on an E visa (as authorized by U.S. Customs and Border Protection officials). 

•We cannot guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.

•Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the U.S. 

Spouse and Children

•Your spouse and unmarried children under age 21 may apply for E visas to accompany or join you to reside temporarily. Effective immediately, U.S. embassies and consulates will adjudicate 

visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses. Please reference the specific guidance on the visa category for which you are applying for more details on documentation required for derivative spouses. For further information about visas for same-sex spouses, please see our FAQ's. 

•For information about employment and study, review Treaty Traders (E-1), Treaty Investors (E-2) and Employment Authorization on the USCIS website. 

Visa Denial and Eligibility

Review Visa Denials for detailed information about visa ineligibilities. denials, and waivers. 

Misrepresentation or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States. Review Ineligibilities and Waivers: Laws. 

Entering the U.S. - Port of Entry

A visa allows a foreign citizen coming from abroad, to travel to the United States port of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit. 

Notice: New Electronic I-94 Process - A new electronic I-94 process at air and sea ports of entry was fully implemented by May 25, 2013. Under the new CBP process, a CBP officer will provide each admitted nonimmigrant traveler with an admission stamp on their passport. CBP will no longer issue a paper Form I-94 upon entry to the U.S., with some exceptions. Learn more on the CBP website. 

If you are issued a paper Form I-94, this will document your authorized stay and is the official record of your permission to be in the U.S. It is very important to keep inside your passport. In advance of travel, prospective travelers should review important information about Admissions/Entry requirements, as well as information related to restrictions about bringing food, agricultural products or other restricted/prohibited goods explained on the Department of Homeland Security, Customs and Border Protection website. 

How Do I Extend My Stay?

•Visitors who wish to stay beyond the date indicated on their admission stamp or paper Form I-94 are required to have approval by USCIS. See Extend Your Stay on the USCIS website. 

•You must depart the United States on or before the date indicated on your admission stamp or paper Form I-94, unless your request to extend your stay is approved by USCIS. 

•Failure to depart the United States on time will result in you being out of status, can void your visa, and may make you ineligible for visas you may apply for in the future. Review Visa Denials,  

Ineligibilities and Waivers: Laws, and section 222(g) of the Immigration and Nationality Act to learn more. 

How can I find out how long I am authorized to stay in the U.S.?

•A visa does not guarantee entry into the United States, but allows a foreign citizen coming from abroad, to travel to the United States port of entry and request permission to enter the U.S. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States, and determine how long a traveler may stay. If you are allowed to enter the U.S., the CBP official will determine the length of your visit. 

Notice: New Electronic I-94 Process - A new electronic I-94 process at air and sea ports of entry was fully implemented by May 25, 2013. Under the new CBP process, a CBP officer will provide each admitted nonimmigrant traveler with an admission stamp on their passport. CBP will no longer issue a paper Form I-94 upon entry to the U.S., with some exceptions. Learn more on the CBP website. 

•On the admission stamp or paper Form I-94, the U.S. immigration inspector records either a date or "D/S" (duration of status). If your admission stamp or paper Form I-94 contains a specific date, then that is the date by which you must leave the United States. If you are issued a paper Form I-94, this will document your authorized stay and is the official record of your permission to be in the U.S. It is very important to keep inside your passport. Review information about Admission on the CBP Website. Also, see Duration of Stay. 

I did not turn in my I-94 when I left the United States, what should I do?

If you failed to turn in your paper Form I-94 Arrival/Departure Record, see Department of Homeland Security, Customs and Border Protection website for more information. If you did not receive a paper Form I-94 and your record was created electronically, CBP will record your departure using manifest information obtained from the air or sea carrier. 

How Do I Change My Status?

Some nonimmigrant visa holders, while present in the U.S., are able to file a request which must be approved by USCIS to change to another nonimmigrant category. See Change My Nonimmigrant Status on the USCIS website. 

Important Note: Filing a request with USCIS for approval of change of status before your authorized stay expires, while you remain in the U.S., does not by itself require the visa holder to apply for a new visa. However, if you cannot remain in the U.S. while USCIS processes your change of status request, you will need to apply for a nonimmigrant visa at a U.S. Embassy or Consulate abroad. 

Further Questions

Case-Specific Questions - Contact the U.S. embassy or consulate handling your visa application for status information. Select U.S. Embassy or Consulate for contact information.

*From the Department of State Website.

Employment Based Visas - PERM

Visas Sponsored by Employers

Employers located with the United States, or their american subsidiaries in the U.S., may seek authorization from the federal government to employ foreign aliens and use immigrants as a labor resource. These employer based visas may be obtained trough assistance of our immigration attorneys at our Miami office.

In addition we can assist you with a L1 visa for a new office in America for your existing business overseas. Or if you would like to transfer an employee we can assist with this process through a L1A or L1B visa if their skills fit the requirements prescribed by law.

What is PERM Certification?*

In order for an employer to seek approval an alien worker they must offer a full-time job after obtaining labor certification from the U.S. Department of Labor. This process is referred to as the PERM certification process since the worker will be a permenent resident. This is a broad certification of the job position at your company. This process can be tedious and we are willing to handle this burden and allow your company to concentrate on maximizing profits. In order to pursue approval of a particular alien worker a further step must be taken by the employer.

*not necessary for EB1 self petitioning applicants.

How do I Get my Alien Worker Approved?

After obtaining PERM certification the employer must file an I-140 Immigrant Petition for Alien Worker. The employer may then file an I-140 for the worker they offered a full-time position to. This is a good thing because you can use the PERM certification for an alternate employee if the I-140 is denied because the employee is deemed inadmissable at the Embassy overseas. Please consult with counsel to ensure your investment is prudently spent to bring over a foreign worker that the U.S. government will admit into the country.

The employer will have to qualify the employee under the Immigration and Nationality Act's prescribed skills categories. The worker must fall into one of these categories in order for their I-140 to be approved for the alien worker. The categories have specific definitions for each classification of workers and the government provides visas based on the level of priority that is placed on that particular skillset by Congress.

What is a Preference Category EB-1, EB-2 or EB-3 Classifications?

Based on the skillset of the worker and the category the employer seeks to have them qualified under the alien worker will have different dates for receiving a green card. The higher the preference category of the worker the quicker they will be allowed to immigrate to America. The State Department releases a Visa Bulletin every month. The visa bulletin will list dates called "Priority Dates". The priority date is checked to see if the date of the foreign worker's time has arrived to apply for a visa. There is only a short amount of time to act to procure the visa from the embassy. Please consult with an attorney to determine your priority date in order to ensure you receive your green card and legal permanent residency status.

EB1 Visas are allotted for ""Priority Workers"

EB-2 Visas

Employer based visas for employees of American companies. There are different employer based visas and each visa comes with conditions and restrictions. It is important to know the restrictions that accompany your visa to ensure you have not jeopardized your chance for future employment in the U.S.

EB-3 Visas

Diversity Lottery

Diversity Visa Lottery Program

Winners of DV-2014 must obtain their legal permanent status before October

of 2013. Contact us now to see if your priority date is current and you are

eligible for adjustment of status while legally in the United States. The visa

bulletin has an advance notification date that also provides relevant deadline

information for diversity lottery winners. Contact us to see how it can affect

your situation.

Visa Bulletin from Department of State

Policy Memo on Advance Notification for Processing

If your date is not current and your I-94 is about to expire we can extend your

status. Please do not start to accrue unlawful status. You will then be subject to

consular processing and must return to your home country.

How do I know if I won?

Diversity Visa Entrant Status Check

Now what do I do after winning Diversity Visa Lottery?

Instructions for Diversity Lottery Winners

The Department of State has announced the registration rules for

the DV-2015 in September 2013.

Read our Blog for further details about the DV Lottery Program!

Customers have questions, you have answers. Display the most frequently asked questions, so everybody benefits.

How do I get a green if I am currently in the United States

Adjustment of Status

Adjustment of Status to Legal Permanent Resident

Some immigrants are not aware that the Family Petition (I-130) or Employer Petition (I-140) merely approves the beneficiary for designation as a Legal Permanent Resident or approves their visa classification. The beneficiary must still adjust status if in the United States to a legal permanent resident in order to get a green card . Cubans and their spouses in the United States may adjust status one year after being inspected and receiving parole. Asylees are eligible to adjust to legal permanent residency status after one year as an asylee.

Advantages to adjusting status in the United States

There are ample advantages to adjusting status while in the United States. For one, you are not required to go through Consular Processing and the interview process, medical clearance, and criminal records compliance. These tasks can be time consuming and tedious. Second, you do not have to spend the money on travel expenses, that can be burdensome when dealing with a whole family.

Adjustment of status allows, the non-immigrant to become a Legal Permanent Resident (LPR) here in america. Additionally, the applicant for adjustment may obtain advance travel permission and work authorization while the application to adjust status is pending. The government now issues these acknowledgements on a EAD card or I-766. An adjustment of status applicant is saved the government filing fees for these two forms if they are paying to adjust status $1070 for adults. This fee is waived for Cubans or Asylees applying for adjustment to legal permanent resident status.

Can I Adjust my Status? Am I eligible to Adjust Status?

In order to adjust status while in the US the applicant must still be deemed admissable into the US. This is not a problem if the person has not done anything to alter their status since entering the US.

You need your I-94 card for sure. We can file a document to get this information for you if you have lost yours. Proof of inspection is required in order to adjust your status while inside the US. If you have overstayed your visa or expiration date on the I-94 then you accrue unlawful presence.

Admissability Requirement and Inadmissability under Section 212 of the INA

An alien will be deem inadmissable during any interview at an Embassy abroad, at the border at a port of entry to the U.S., or when applying for adjustment of status, for violating the statutory requirements of the Immigration and Nationality Act (“INA”. Section 212 of this Act sets forth exclusions and exemptions for criminal acts committed by visa applicants and holders. 

Visa Waiver Entrants Ineligible for Adjustment

In addition it is important to remember that normally, non-immigrants cannot adjust after entering via the visa-waiver entry program. They must also keep in mind they cannot extend their status. 

In addition, unauthorized employment has resulted in aliens being deemed inadmissable and turned  

away at American borders. Additionally, we have encountered situations of detention after individuals have returned from cruises for violations of the conditions of their visa or green card. That is correct. A legal permanent resident or green card holder can be detained at the borders for violations of immigration laws. EVEN MANDATORY DETENTION. Remember, these bans become effective upon departure from the U.S.

Unlawful Presence and Inability to Adjust

There is a 3 year bar for under 180 days of unlawful presence and 10 years for anytime longer than 180 days. These bars are triggered once the person leaves the United States. They are not triggered until that even occures. However the new modification to the law in the for of the unlawful presence waiver has an option available now that will allow the potential beneficiary of the waiver to obtain an answer before leaving the country regarding the waiver application decision made by the relevant federal agency. 

The spouse of a US citizen cannot apply for adjustment if they entered without inspection (“EWI”).The 601A may be an option for the spouse of a USC if there is a sufficient hardship on an American citizen. A hardship is extremely hard to prove and normally requirements significant documentary evidence that can be filed with the application for relief in support of the assertions claimed. These cases take a considerable amount of time to build and all entail risk of failure since the burden placed on the applicant is quite burdensome. Competent counsel is key to establishing a case that can overcome this burden in order order to persuade the government that there is an extrem and unusual hardship that will be endured.

Please not that sibling petition beneficiaries cannot adjust after an overstay and must leave the country in sufficient time in order to comply with their I-94 date and not incure a 3 or 10 year bar. If a penalty will be incurred for departure from the U.S. it is wise to leave in order for there to be enough time for the time bar to lapse before the petition can be approved and a visa is available. Please consult us for more information regarding compliance with the conditions of your status in order to maintain eligibility for immigration benefits at all times.

Citizenship in 3 or 5 Years is the Ultimate Goal

American citizenship is a realistic possibility and a should be a goal of all legal permanent residents. It is the only way to prevent the risk of deportation in the future while living and traveling to and from America. As a LPR you are still subject INA 237 and deportation for certain criminal actions taken while living as LPR in the United States or abroad. The only way to permanently secure your status and position in the US is through naturalization by filing a N-400 with the USCIS. 

If you have had your green card for 3 years and are married to a USC citizen you may be eligible for naturalization. It is important that you follow the USCIS regulations regarding the conditional status of your marriage and lifting those conditions after 2 years. Contact us to ensure your compliance and future eligibility to adjust. You will be removed if you do not comply with the strict two year requirements of the conditional permanent residency status acquired through marriage to a USC. 

If you acquired your LPR status through another means and it has been 5 years then you may seek naturalization as an american citizen. If you have any criminal charges please seek legal guidance to ensure applying will not subject you to deportation.

If you have served in the United States Military and meet other requriements we can attempt to seek naturalization on your behalf without some of the extra restrictions placed on other legal permanent residents.

Please see our Citizenship or Cuidadania page for important legal information relating to the naturalization process.

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