Orlando Adjustment of Status Lawyers (in removal proceedings)
Orlando Adjustment of Status lawyer John Gihon helps people avoid deportation in the Orlando Immigration Court by applying for adjustment of status. In certain situations, a person who is in deportation (removal) proceedings can adjust their status to avoid deportation and to obtain or re-obtain a greencard. For example, a person who entered the United States with a visitor visa (B2 visa) and overstayed the authorized period of stay is deportable. However, if that person got married to a United States citizen, he or she might be eligible to adjust their status to that of a Lawful Permanent Resident, even if in deportation proceedings and even if he or she overstayed their visa by several years.
ELIGIBILITY TO ADJUST STATUS WHILE IN DEPORTATION PROCEEDINGS
Orlando adjustment of status attorney John Gihon can apply for adjustment of status for a client before the Immigration Judge if that person:
- has a qualifying relative:
- a United States citizen spouse,
- a United States citizen son or daughter who is 21 years old or older, or
- a United States citizen parent (if the person in deportation proceedings is under 21 years old), and
- was inspected or paroled and admitted in the United States.
- Therefore, a person would not be eligible to adjust status if they "entered without inspection," (ewi). For example, where someone simply crossed the border without going through immigration. However, there is an exception to this rule for people who had a qualifying USC relative who filed a petition for them before April 30, 2001 (INA 245(i)).
DEPORTABLE LAWFUL PERMANENT RESIDENTS WITH CRIMINAL CONVICTIONS
If you already have a greencard and are deportable for a criminal conviction, you may be able to re-adjust your status. In other words, you may be deportable because of the criminal conviction, but you may not be inadmissible. So, you could lose your current greencard, but re-adjust your status to obtain a new greencard, thus avoiding deportation. You would not have to leave the United States and would continue to enjoy the benefits you've always enjoyed as a lawful permanent resident. Orlando Adjustment of Status lawyer John Gihon has helped many clients re-adjust status in removal proceedings.
THE ADJUSTMENT PROCESS IN IMMIGRATION COURT
Whether you are already a lawful permanent resident or have never been a lawful permanent resident, you would apply for adjustment of status in the Immigration Court before the Immigration judge. You would have to meet all of the eligibility requirements for obtaining a greencard by presenting evidence to the Immigration Court at an Individual Hearing. If you have never had a greencard before, you would first file with USCIS, along with the petitioning family member, and request a continuance from the immigration judge while USCIS adjudicates the petition filed by the sponsoring family member. Once the petition is approved, the immigration judge would make a decision on the adjustment application.
Orlando Adjustment of Status Attorney John Gihon can help.
Here at Shorstein, Lasnetski, & Gihon
, Orlando Adjustment attorney John Gihon routinely practices before the Orlando Immigration Court. He has experience with all types of deportation cases, including Adjustment of Status. If you are eligible to adjust your status before the Immigration Court, Orlando Adjustment of Status Lawyer John Gihon can represent you in court. Give us a call for a free consultation
to determine if you or your loved one is eligible to adjust status to avoid deportation.