The United States is the land of opportunity and a place where everyone has a chance to make their dreams come true with hard work and dedication. Every Waukesha and Milwaukee immigration lawyer in Wisconsin at Gamiño Law Offices, LLC is proud to be a part of this process for foreigners from any nation who are physically present in the United States hoping to become part of the next generation of American immigrants without having to return to their home country for visa processing. Our beautiful country offers the promise of personal and political freedom, religious tolerance, and economic opportunity for you and your family. Contact us to find out if you are eligible to adjust your status while you are in the United States and remain in the U.S. legally as a permanent resident.
For an initial consultation with a dedicated Milwaukee immigration attorney doing their best to help with your immigration issues or concerns, contact our immigration lawyers in Milwaukee or Waukesha, WI. Also visit our immigration law resources page. We also have Wisconsin lawyers available to help you with your other legal needs.
United States Legal Permanent Residency through Adjustment of Status
Wisconsin Immigration Lawyers in Milwaukee and Waukesha
Helping Immigrants Stay in the United States
FAQ: Adjustment of Status
How to adjust status and become a Lawful Permanent Resident (LRP) in the United States:
- Family based immigration options: family sponsored immigration petitions must be filed by a relative who is a US citizen or lawful permanent resident using an I-130, Petition for Alien Relative form.
- Employment based immigration options: work sponsored immigration categories must generally be filed by your employer using an I-140, Petition for Alien Worker form. Entrepreneurs can file for themselves if they plan to make a significant financial investment in a business venture using an I-526, Immigrant Petition by Alien Entrepreneur form.
2. A widow or widower of deceased U.S. citizen within 2 years of after death of your spouse
3. A victim of domestic violence who is the spouse or child of a U.S. Citizen or Lawful Permanent Resident
4. A special immigrant, defined as:
- Religious Worker
- Employees of the Panama Canal Company, Canal Zone Government employee, U.S. Government in the Canal Zone employee,
- Family Members or Employees of International Organizations
- Juvenile Court Dependent
- Armed Forces Member
- Afghan or Iraqi nationals who supported the U.S. Armed Forces as a translator
- Afghan national who worked for the U.S. government in Afghanistan
- Refugee Status /Asylum - if you have been persecuted or fear persecution due to race, religion, nationality, or social/political membership using form I-589 within 1 year of arrival. You may also bring your children, using I-730 Refugee/Asylee Relative Petition.
- Victims of Human Trafficking and other Crime Victims
- Deferred Action for Childhood Arrivals (DACA)
*Non-immigrant discretionary decision by USCIS to allow
people who came to the US as children to remain
without fear of removal renewable every 2 years and
may apply for work authorization. Form I-821D
- T Visa - Non-immigrant visa providing protection to
victims of human trafficking during investigation and
prosecution of trafficking cases.
- U Visa - Non-immigrant visa providing protection to crime victims suffering substantial mental or physical
abuse from the crime during the investigation or
prosecution of the crime.
- Temporary Protected Status (TPS) - stay in the U.S. for
a limited time when extraordinary conditions temporarily prevent a safe return to your Homeland Security designated TPS home country; often due to on- going armed conflict, environmental disaster or other temporary and extraordinary condition. Form I-821.
- Deferred Enforced Departure - non-immigration status that allows qualified individuals to stay in the U.S. and apply for work for a limited time according to a presidential directive.
- Humanitarian Parole - may authorize an otherwise inadmissible applicant to the U.S. to come to the US for a limited time due to a compelling emergency, urgent humanitarian reason, or significant public benefit. I-131 Application for Travel Document
Wisconsin Green Card Attorney
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- Determine what specific immigration category for which you may qualify. Review the immigration categories and requirements above for a good summary of possible immigration classifications for which you may be eligible. Our immigration attorneys will also review your situation to help you determine what petitions may be available to you and the expected timelines for each. While most people only file one immigration petition at a time, it is possible to file in more than one category for which you qualify.
- File your immigration petition for a visa. Depending on which category you are eligible to adjust your status under, you may be able to file the petition to register permanent residency and adjust your status at the same time as your visa petition (concurrent filing). Most categories require that your petition receive approval before you may file to become a permanent resident, but immediate relatives of US citizens and others who are eligible to have a visa immediately available may also file concurrently.
- Determine your visa availability. You may petition to adjust your status and become a lawful permanent resident once a visa is available for you.
- File your Application to Register Permanent Residency or Adjust Status, form I-485.
- Appear at your appointment at an Application Support Center. You must appear before an immigration official to have your biometrics collected, normally including fingerprints, photograph, and your signature. You will receive a notice of this appointment.
- Attend any requested USCIS interview. Not all applications require an interview, but you may be required to appear for an interview to answer questions about your application. If you are notified of an interview, it is required to attend. You must also bring any originals of all documents submitted in support of your application regardless of whether they are expired, including your passport, official travel documents, and I-94 form.
- Wait for the decision. You will be notified of the decision to grant your adjustment of status to lawful permanent resident by mail. If you change your address, be sure to notify USCIS. You may notify USCIS of your change of address online or using form AR-11.
You may petition to adjust your status and become a lawful permanent resident once your immigrant visa is available. If a visa is immediately available you may file your I-485 form (or other petition based on your visa category) with your immigrant visa application, see concurrent filing requirements for more information.
You may check visa availability and prior dates online here. If you have a specific question about your petition you may call the USCIS National Customer Service Center at 1-800-375-5283 or check your application's status online at "My Case Status".
The decision you receive in the mail will indicate if you can appeal the denial of your petition to adjust your status. Some decisions can not be appealed. If you are able to appeal the decision denying you legal permanent residency your appeal must normally be filed within 30 days of the decision having been served, but some cases have shorter deadlines. Sometimes you may file a motion to reopen or reconsider the decision to deny adjustment of status. Both appeals and motions to reopen/reconsider must normally be filed using a Notice of Appeal or Motion, form I-290B.
Additional resources: adjustment of status to lawful permanent resident (LPR / Green Card Holder) for aliens in the U.S.:
Organizations in Southeastern Wisconsin dedicated to helping immigrants:
Milwaukee Refugee Resettlement
Waukesha Immigrant Assistance
Free Case Evaluation
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414-383-6700 in Milwaukee
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