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Adjustment of Status for Thai Spouses

21st February 2011
By Nicolas Gutierrez in Immigration Law
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Introduction: Adjustment of Status could be the technique by which a resident alien can turn out to be a permanent resident with out leaving the United States. Thai spouses who acquired entry to the United States by way of a K1 or K3 visa generally make use of this approach. The results usually depend on the discretion of your USCIS District Director but are generally productive.
Eligibility: Thai spouses previously inspected and admitted to the United States on non-immigrant visas are eligible for adjustment of status. The three qualifications for obtaining an adjustment of status are that the Thai partner file an application, the Thai partner is admissible for long term residency, plus a green card is immediately available in the time with the application. Within the circumstance of your K1 and K3 visas, the green card is usually obtainable since the applicant will be a relative of a United States citizen.


Method: The adjustment of status application procedure involves paperwork, fingerprinting, and an interview. The paperwork concerned while in the adjustment of status application is fairly daunting.

After submission of your paperwork, the applicant is going to be fingerprinted and interviewed. At this point, the USCIS will grant or deny the adjustment of status. This procedure is often productive because almost all of the examine operate was completed once the applicant originally entered the nation.

Considerations: Many points regarding adjustment of status, Form I-485 demand consideration. Most importantly, the outcome lies in the discretion of the USCIS District Director. In practice, the USCIS typically grants changes when suitable. If you will find unfavorable elements, the federal government agency will weigh them and produce a determination. This discretionary authority might be receding in certain U.S. jurisdictions.

Moreover, it truly is essential that the applicant not depart the nation although the application is pending because it will lead to abandonment of your application. Should the applicant need to depart the nation for emergency causes, they ought to be positive to apply for advance parole. This really is the only approach to make sure that the adjustment of status application doesn't terminate.


Conclusion: Adjustment of Status is usually a hard method yielding uncertain results. Nevertheless, it's a essential last step to the K-1 Visa.
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