Adjustment of Status Lawyer

The process for getting a green card to legally reside in the United States is very complicated. One particular area of complication is whether or not a beneficiary who is currently living in the US will be able to get their green card here. The process whereby a beneficiary can stay in the US and apply for a green card is called adjustment of status. Generally, only people who entered the US legally and continued to maintain their legal status can adjust status here. If you are not able to adjust status then you may have to complete your green card application at a US consulate in your home country.

Our New York City immigration lawyers will thoroughly evaluate your situation and advise you as to the best course of action for you to obtain your green card. After we carefully evaluate your circumstance, you may be able to adjust your status here in the US even though you do not satisfy all the requirements to adjust status here. For example, immediate relatives are allowed to adjust status in the US even if they are out of status or worked without authorization provided that they were inspected upon entry into the United States. Another example where you may be able to adjust status when you would have otherwise been ineligible is if you are able to “grandfather” under I.N.A 245(i). Under this law, you are able to adjust status provided you pay a $1,000.00 penalty fee. Note however that only a limited group of people is able to adjust status under I.N.A 245(i); they are:

  • People who had a petition or labor certification on file by January 14th, 1998 or
  • People who had a visa petition or labor certification on file by April 30, 2001 and can prove that they were living in the US on December 21, 2000.

We at the Law Office of Shane D. Scott will carefully evaluate each client’s circumstance and advise him/her on the best course of action to employ to get a green card. For assistance with your adjustment of status paperwork contact our New York City adjustment of status lawyer at (800) 230-0744 or or Skype: shanescottlaw.

New York Immigration Waiver Lawyer

During the green card process, it may be determined that a beneficiary is inadmissible and therefore cannot get a green card. This is the case for example if the beneficiary committed certain crimes, is infected with certain diseases, may need public or government assistance, violated US immigration law or is disqualified for other governmental reasons. Fortunately, some grounds of inadmissibility may be forgiven through what is called a waiver.

Common Grounds of Inadmissibility

  • Criminal Convictions: There are waivers for certain criminal convictions; however, there are no waivers for drug offenders except for simple possession of less than 30 grams of marijuana.
  • Health Problems: There are waivers for individuals with certain health problems.
  • Immigration Violators:
    • Individuals who entered without Inspection – There are waivers
    • Individuals twice removed – Waiver discretionary with USCIS
    • Persons who made false claim to US citizenship – No waivers
    • Failed to attend removal proceedings – Waiver discretionary with USCIS
    • Individuals who made misrepresentation – There are waivers

Our Manhattan immigration waiver attorneys at Law Office of Shane D. Scott are experienced with the many type of waivers that are available for clients who may be found to be inadmissible. We are able to assist you with the various situations where a waiver may be helpful. We are able to assist individual with waivers for criminal convictions, entry with inspection, deportation, and failure to attend removal proceedings amongst others. For assistance with waivers contact our New York City waiver lawyers at (800) 230-0744 or or Skype: shanescottlaw.

Client Reviews

I had the pleasure of hiring Shane as my Real Estate attorney. He is the epitome of professionalism and efficiency. Closing on a house can be convoluted, tedious and stressful unless you work with Shane. There was no problem big enough for him or anything he didn't immediately tackle. I had full...

- Gaudí T.

Shane has been giving me real estate advice even before I hired him as my lawyer. He gives great and sound advice, explains everything and he always return my calls fast.

- Vena.

As a 1st time seller in the borough of Queens and upon a verbal recommendation I utilized Attorney Shane Scott. He was extremely helpful as my closing attorney, and knowledgeable throughout the whole process.

- Delores.

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  3. 3 Guidance for Foreign Nationals Coming to the US
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