Immigrants who seek more stable, long-term immigration options may consider an ajuste de estatus. While this is a crucial step in the lengthy and complex immigration process, even minor errors can lead to unnecessary delays or denials. By being aware of common adjustment of status mistakes in California, individuals can take the right action to avoid stress, thereby saving significant amounts of time and money.
California is home to over 13.4 million households, boasting an average of 2.86 people per home. Within these households, 44.1% of the population speaks a language other than English at home. As California has such a high immigrant population, the local USCIS offices see tens of thousands of adjustment of status applications each year, many coming with errors and other issues. Algunas de ellas son:
One of the more common issues seen on adjustment of status applications is the failure to disclose a complete and detailed immigration history. When reviewing applications, USCIS wants to see a documented, fully disclosed timeline that shows your history in the United States. This includes your current visa status, date of initial entry, any lapses in lawful presence, and any changes in immigration status.
By only submitting your current status and omitting previous entries into the country, as well as any visa changes or overstays, you can put your application at risk. You could avoid this problem by including copies of all your approval notices, visa stamps, entry and exit documentation, and I-94 records. If needed, you can provide a timeline that clearly lays everything out.
Form I-485 should be backed by clear, robust evidence. Just missing one document, such as an affidavit of support, proof of lawful entry, or a marriage certificate, can lead to delays through a Request for Evidence (RFE) or even a denial. If you provide tax documents that don’t match your income level on an affidavit of support or fail to provide other crucial documents, your application is likely to be rejected.
Applicants can avoid this mistake by using the USCIS checklist, making sure all details and names are consistently included across each form. They should also attach adequately translated and certified documentation.
Unfortunately, some applicants may file for an adjustment of status without realizing that they don’t meet the requirements. Others may file when a visa is not yet available in their category. A common example involves individuals who have a final removal order or entered the country without inspection. These people may not qualify for adjustment of status. They may, however, be exceptions, such as for VAWA petitioners or asylum seekers.
This can be avoided by confirming eligibility with a skilled immigration attorney. You should also use the USCIS Visa Bulletin to make sure your priority date is current.
In California, where almost half the population speaks a language other than English at home, translated documents are a common issue. USCIS requires all foreign language documents to be accompanied by a certified English translation.
Be sure not to submit any documents, such as bank statements, marriage licenses, or birth certificates, without a certified translation. A skilled attorney can find a qualified translator and include a signed translator certification for every document that is translated.
If you move during your adjustment of status process and do not notify USCIS, this can lead to missed interview notices, requests for evidence deadlines, or biometric appointments. Therefore, you should file the AR-11 Change of Address Form within 10 days. Do this immediately after you move to avoid any negative repercussions regarding your application.
While the filing process for adjustment of status has become easier through online filing, the process is still cumbersome and complex. Many Californians try to navigate the process on their own without fully understanding evidential standards, deadlines, and eligibility, leading to RFEs, delays, and even rejections. With thousands of adjustment of status applications being filed in California each year, even a small mistake can impair your immigration process.
How long your adjustment of status process may take in California depends on various details, including:
A dedicated attorney can estimate a detailed timeline for your process, thereby managing processing expectations.
Yes, you can travel while your adjustment of status application is pending. However, you can only do so if you have filed Form I-131 and received an Advance Parole document. If you leave without permission while your application is ongoing, you could forfeit not only your application but also your ability to reenter the country. Consult a skilled attorney about any travel plans you may have while your adjustment of status application is ongoing.
While it is not required by law to have a lawyer to apply for an adjustment of status, it is highly recommended, especially if your case is particularly complex or you have a history that involves criminal issues, overstays, or other immigration violations. They can foresee any potential issues and address them proactively, saving you time and money.
If you move while your adjustment of status application is pending, it is crucial to file Form AR-11 within 10 days of moving. Immediately after moving, you should update your address with USCIS to avoid any negative repercussions for your application, such as missed RFE deadlines, biometrics appointments, or interview notifications.
As there are so many aspects to the adjustment of status process, it’s no surprise that there are also frequent mistakes. By working with a knowledgeable immigration lawyer who can help you be aware of these issues, especially ones that may be particular to your case, you can avoid costly delays or frustrating setbacks. Contact a skilled attorney from U.S. Law Center today para concertar una consulta.