Adjustment of Status is a procedure to obtain lawful permanent residence (green card) for a Thai fiancé/fiancée or spouse. When a Thai fiancé/fiancée or spouse obtains a K Visa (K-1 or K-3) to enter the United States they are still not permanent residents. In fact they are considered non-immigrants by the Immigration authorities. Therefore it is necessary to adjust a Thai loved one’s status to permanent resident in order for the Thai loved one to remain in the United States indefinitely.
In a situation where a Thai spouse has entered the US on a CR-1 or IR-1 Visa the Adjustment of Status process has already been completed in Thailand because these two visas are immigrant visas and therefore when a Thai Spouse receives an IR-1/CR-1 Visa at the US Embassy in Thailand, their permanent residence is already secured.
ARE THERE ANY PROBLEMS THAT CAN BE AVOIDED IN GETTING A THAI LOVED ONE’S STATUS ADJUSTED?
One major pitfall that can get people into trouble, but can be avoided is what I call the “Tourist Trap.” I often see people try to adjust a Thai wife’s status from a tourist visa to permanent residence. This can pose a major problem as this course of action can be interpreted by USCIS as an attempt to defraud the Immigration authorities. This is especially the case where a Thai fiancée enters the country, immediately gets married, and files for adjustment of status. Immigration can impose severe penalties where it deems that an attempt to defraud has taken place, which can include prison for both parties and deportation for the Thai spouse. Be Warned! If you want to marry your Thai fiancée in the United States it is best to use a K-1 fiancée visa to do so.
WHAT STATUTE DEFINES ADJUSTMENT OF STATUS?
Adjustment of Status is defined in §245 of the Immigration and Nationality Act (INA). §245(a) of the INA reads: The status of an alien who was inspected and admitted or paroled into the United States can be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if:
1. the alien makes an application for such adjustment,
2. the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
3. An immigrant visa is immediately available to him (or her) at the time his application is filed.
HOW MANY PEOPLE ARE ALLOWED TO APPLY FOR ADJUSTMENT OF STATUS PER YEAR?
US Immigration officials have a quota of how many “green cards” that may be issued to Immigrants each year. However, there is no limit on the number of green cards that can be issued to spouses of US Citizens. An adjustment application can be filed with the USCIS office that has jurisdiction over the district in which the applicant is residing.
I’M WORRIED ABOUT MY THAI LOVED ONE’S ADJUSTMENT OF STATUS APPLICATION BEING DENIED. Thailand elite how much