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Renewing Visas Or Adjustment Of Status

Individuals who are already in the United States on a visa may seek either more time or permanent residence in the country. There are specific processes in place to allow individuals to petition to remain in the country.

At The Law Offices of Polizzotto & Polizzotto, LLC, our lawyers are experienced in handling such applications and can help you and your family in seeking an adjustment of immigration status. They will walk you through the appropriate process step by step, helping you avoid pitfalls and mistakes.

If you are seeking to renew your visa or secure legal permanent residency, please call our attorneys today at 718-213-4861 or reach out online to learn how they can help you through this process.

Seeking An Adjustment Of Status And Permanent Residence

If you are seeking permanent status in the United States, you must undergo an administrative process called an adjustment of status. In most cases, if approved, this results in legal permanent residency (LPR).

Adjustment of status is a process for individuals already living in the United States on various visas. Seeking a green card while living outside the country requires consular processing.

To complete an adjustment of status, you must have a petition approved by the U.S. Department of Homeland Security and submit Form I-485 or an application to register permanent residence. This almost always also requires an interview with U.S. Citizenship and Immigration Services (USCIS).

Our attorneys will assist you in this process, helping you prepare for the interview and assemble the proper documentation needed to support your petition.

Professional Immigration Assistance In Renewing Your Visa

The USCIS recommends that you apply to extend your time in the United States at least 45 days before the date your visa expires. This can require different documentation, interviews and applications, based on the type of visa you have.

Our lawyers provide close supervision while helping you take the proper steps to petition for an extension or renewal of your visa.

The Types Of Visas Available

The rules you must follow and the rights you have depend on which visa you are using to stay in the United States. Here is a brief overview of some of the most common immigrant and nonimmigrant visas.

  • Visitor’s visa: This is a nonimmigrant, nonpermanent visa. A visitor’s visa can last up to six months and is intended for someone visiting the U.S. for a short period. You are not allowed to work while on a visitor’s visa.
  • E-Visas: This category is for Treaty Traders (E-1), Treaty investors (E-2), and Australian Specialty Occupation Workers (E-3). For E-1 and E-2, these are defined as people who either “pursue substantial trade in goods…” or “direct the operations of an enterprise in which they have invested…” respectively. Spouses and children (or dependents) of those seeking this visa can also be eligible in order to travel with them.
  • Employment-based (EB) visas: The U.S. issues different employment-based visas based on the type of work involved and the level of qualification. Immigrant work-based visas include:
    • EB-1 visas: Workers of extraordinary ability in the sciences, arts, business, education or athletics
    • EB-2 visas: Persons of exceptional ability in their field and professionals with advanced degrees
    • EB-3 visas: Skilled workers with at least two years of training, unskilled workers for positions that do not require two years of training, and professionals whose jobs require at least a baccalaureate degree or the equivalent
    • EB-4 visas: Certain special categories, such as ministers, current or former employees of the U.S. government abroad, and certain relatives of international organization employees
    • EB-5 visas: Immigrant investors in new business ventures in the U.S.
  • F visa: An F visa grants family-based permanent residency status (aka a green card) based on preference. First preference goes to unmarried adult children (age 21 and older) of U.S. citizens. Spouses and unmarried children of permanent residents receive second preference. Third preference goes to married children of U.S. citizens, and siblings of adult citizens 21 and over get fourth preference. The higher the preference, the easier it can be to be accepted in a given year.
  • O visas: These are the nonimmigrant versions of EB visas that are reserved for people of extraordinary ability in the sciences, education, business, athletics or the arts; their assistants for specific events or performances; and their spouses and children.
  • T visa: Nonimmigrant visas for victims of human trafficking.
  • U visa: Nonimmigrant visas for victims of criminal activity, such as domestic violence.