Published: March 28, 2022
The K-1 Adjustment of Status can be a complicated procedure. With time and other conditional restraints, applicants can easily get confused and overwhelmed. Avoid committing irreversible mistakes by knowing who to work with. Applicants will have a better chance of approval if they collaborate with reliable and well-experienced immigration lawyers.
Why Hire Immigration Lawyers?
It is always best to work with immigration lawyers for Green Card-related matters. After all, they have the expertise and skills to guide applicants through every process. But more than theoretical and legal insights, immigration lawyers can offer so much more for K-1 visa immigrants trying to become Green Card holders.
1. Checking Applicant’s Eligibility
Before submitting petitions and paying processing fees, applicants should first determine if they are eligible for a K-1 visa. Generally, this visa type is available to fiancé(e)s of US citizens living outside of the country. Upon entry to the United States, they must marry their to-be-spouse within ninety (90) days.
Immigration green card lawyers can give applicants a realistic assessment regarding their eligibility and chances of complying with legal requirements. If the K-1 visa route is inapplicable, they could provide other viable options.
2. Better Understanding of the Law
Besides requirements, restrictions, and schedules, applicants have more to know about the K-1 visa. Through this visa, applicants may also bring a selection of family members. K-1 visa holders can even maintain a job while staying in the United States by meeting specific conditions.
Applicants can potentially live a better life in the United States if they stay in touch with an immigration lawyer. Without such guidance, applicants could commit mistakes with grave consequences, such as visa denial and deportation.
3. Compliance with Requirements
The USCIS is meticulous with requirements. Matters as simple as unsigned documents and wrongfully misplaced entries can already warrant the agency to return an application and cease the immigration process. Refrain being in this situation by consulting with an immigration lawyer.
ALG Lawyers has a team of immigration attorneys in Los Angeles that offers a free consultation to all immigration hopefuls. Feel free to ask our team about confusing immigration instructions and other related matters.
4. Help Entering the US
An essential part of being a K-1 visa holder is entering the United States intending to marry a US citizen. However, please beware that a K-1 visa does not ensure automatic entry to the country upon arrival. The US Customs and Border Protection (CBP) can deny any K-1 visa holder.
Immigration lawyers can help prepare permits to avoid being held at the point of entry. In case of denial, they can represent their clients in court litigation.
5. Removal of Conditions
After successfully acquiring a K-1 visa and entering the United States, the next major step would be applying for permanent residency. Transitioning from a K-1 visa to LPR requires applicants to maintain a conditional permanent residency for two (2) years.
Once the two year-limit expires, applicants may petition to remove the conditions of their permanent residency. Coordinating with an experienced professional is ideal to ensure optimum results. Working individually on this matter is not advisable, especially if one does not have legal education and training.
Challenges of K-1 Adjustment Status
A strategic way to manage the Adjustment of Status process for K-1 Visa holders is knowing the common mistakes of previous applicants. Avoiding these errors can help new applicants plan their actions with better precision and optimized cost-efficiency. As an aspiring immigrant, here is a comprehensive list of things you should avoid:
1. Filing Improper Petitions
With too many existing types of immigration petitions, some applicants cannot help but get confused and submit the wrong ones. While it is an honest mistake to forward a wrongful petition, it is not a justifiable excuse for the USCIS not to cease your immigration process.
Know what to file. After carefully learning the contents, determine its submission date and the office receiving it. Avoid repeating the same mistake multiple times to save time and money.
2. Not Knowing What to Disclose
Filing for a K-1 visa can be an intrusive process. The USCIS will investigate both the applicant and the sponsor’s background to avoid marriage fraud. If the USCIS requests clarification on some issues, applicants should readily comply.
Never ignore requests from the USCIS. It is in the applicants’ best interests to provide what is needed and respond with total honesty. Willfully submitting any form of misrepresentation can warrant strict legal sanctions.
3. Missing Deadlines
Always submit on time. After knowing the deadline for any requirement or process, try to comply before the given deadline. Avoid beating deadlines because unexpected delays may happen, leaving applicants with no time for adjustment.
Also, the USCIS is strict with deadlines. Since it is processing a lot of petitions at once, it does not have the luxury to grant extensions. While exceptional cases occurred in the past, the agency exercises its discretion sparingly.
4. Flunking the Interview
The face-to-face K-1 visa interview can be grueling. Since the USCIS is highly vigilant about marriage fraud, its interviewers are trained to be thorough. Applicants do not have to prepare for anything as long as they remain genuine. However, they must be responsive and provide as many details as possible.
5. Failing Post-Marriage Requirements
Getting married is an integral part of fulfilling the conditions attached to the K-1 visa, but there are more things to accomplish next. After marriage, applicants must submit an application to register permanent residence or adjust status. While processing this petition, the USCIS may conduct another set of investigations.
After becoming LPRs, residents should continue following the conditions of their immigration status. Non-compliance with any may cause the USCIS to revoke one’s visa and initiate a deportation proceeding.
Partner with Experts
There are several conditions to unlock US Green Card eligibility, and adjusting one’s status is crucial. Failing this process may result in several legal implications. Avoid unnecessary consequences and costs by entrusting your case to the experts. ALG Lawyers is here to help you all the way.
ALG Lawyers is a team of highly experienced Los Angeles immigration lawyers. We dedicate our craft to giving the utmost service quality to our clients. Our law firm and its staff will exert maximum effort and invest time to satisfy and exceed your expectations. Let us know when you will be available for a consultation.