Adustment of status is the process for obtaining permanent resident status while in the United States.  The timing of processing the application for adjustment of status is often confusing.  Many people have falsely generalized what they consider to be accurate facts, when in reality, such "facts" are inaccurate or incomplete.  Today's blog post will address three of the most common myths about the process for adjustment of status.  

MYTH NO. 1:  "A WIFE IN A MARRIAGE-BASED ADJUSTMENT OF STATUS MUST ASSUME HER HUSBAND'S SURNAME IN ORDER TO BE ELIGIBLE"

This false notion apparently began when some couples desired to persuade immigration officials that their marriage was "bona fide" (legitimate).  They believe that taking the surname of the husband was persuasive evidence that the marriage was bona fide and would, on its own, prove the legitimacy of the marriage to the satisfaction of the interviewing officer.  In fact, U.S.C.I.S. does not require that a wife take upon herself her husband's surname.  While U.S.C.I.S. does require proof, in a marriage-based case, that the marriage is bona fide, a change of name is only one of many methods of proving the bona fide marriage, and is not conclusive.  

MYTH NO. 2:  "U.S.C.I.S. IS REQUIRED TO MAKE A DECISION ON AN APPLICATION FOR ADJUSTMENT OF STATUS WITHIN A CERTAIN PERIOD OF TIME"

U.S.C.I.S. strives to adjudicate all applications within a reasonable period of time.  Anticipated wait times, once the priority date is current, is typically between 5 to 8 months.  However, U.S.C.I.S. does not have a legal requirement to adjudicate applications for adjustment of status within a certain period of time.  Because of this, there is no legal mechanism to force U.S.C.I.S. to speed up the process.  If the processing time seems excessive, an individual may visit the district office of U.S.C.I.S., via an InfoPass appointment, to reqeuest information and an update on the progress of the application.    

MYTH NO. 3:  "A DECISION WILL BE MADE ON MY APPLICATION AT THE TIME OF THE INTERVIEW"

At the interview on the application, the officer will ask questions and review the pertinent documents.  The probability is that, assuming all documents are in order and the questions are answered appropriately, the application will be approved.  However, the law does not require that the application be approved or denied at the time of interview.  There are several possible causes for a delay in the decision, such as the need for more information, the need to complete the FBI criminal background check, or the need for supervisory review.

If you're considering applying for adjustment of status, you don't have to go through the journey alone.  Immigrants need quality legal representation to assist in the complex process.  Christiansen Law Firm assists immigrants with their applications for adjustment of status to secure favorable and prompt processing and approval.  The immigration lawyers of Christiansen Law Firm have extensive experience with adjustment of status applications.  Contact the offices of Christiansen Law Firm in San Antonio or Houston to arrange a free consultation.