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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.
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.
USCIS does not begin processing the application until all supporting documents are received. If they are not received then USCIS may send the applicant a request for evidence (RFE). If the applicant is requesting a fee waiver (filing Form I-912) then the application cannot be submitted online and must be filed on paper.
To address the issue of slow processing times, USCIS has made a policy allowing applicants to submit the I-130 and I-485 forms at the same time. This has reduced the processing time. Another delay in the process comes when applications have mistakes. In these cases papers are sent back to the applicant, further delaying the process.
An applicant for U visa-based adjustment of status must still be in valid U status at the time he or she files the Form I-485, [3] which is the date on which U.S. Citizenship and Immigration Services (USCIS) receives the properly-completed application.
For employment-based green card applicants, the priority date needs to be current to apply for Adjustment of Status (I-485) at which time an Employment Authorization Document can be applied for. Typically, it is recommended to apply for Advance Parole at the same time so that visa stamping is not required when re-entering US from a foreign country.
Priority date is a United States immigration concept – it is the date when a principal applicant first reveals his or her intent of immigration to the US government. For family-sponsored applicants, the priority date is the date an immigration petition, filed on behalf of him or her, is received by the United States Citizenship and Immigration Services (USCIS).
USCIS handles all forms and processing materials related to immigration and naturalization. This is evident from USCIS's predecessor, the INS (Immigration and Naturalization Service), which is defunct as of March 1, 2003. [6] [circular reference] USCIS handles two kinds of forms: those related to immigration, and those related to naturalization.