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Adjustment of Status in Charlotte

The Immigration Process

Adjustment of status is the process by which a foreign national obtains legal permanent resident status from within the United States. In general, to be eligible for adjustment of status, the applicant must be the beneficiary of a family-based or employment-based petition, have entered the U.S. legally, have maintained legal status through his or her stay in the U.S., and not violated the terms of their non-immigrant visa.

This standard is relaxed for family-based immediate relative petitions. In such cases, only the approved petition and legal entry are required. The requirement to have maintained status is waived.

Applicants who qualify under an old law may also be eligible to adjust status even if they entered without a visa or otherwise violated status. These applicants must have been the beneficiary of an approvable family or employment petition that was filed on or before April 30, 2001. To adjust status under this law, known as 245i, the applicant must be a $1000 penalty in addition to the regular application fees.

All applicants for adjustment of status must meet all other admissibility requirements or have an approved waiver.

Change of Status

Change of status is the process by which an individual switches from one non-immigrant category to a different non-immigrant category without leaving the United States. To be eligible for a change of status, there must be no gap in legal status. If even a one day gap exists, the foreign national must leave the U.S., the process through the consulate, and re-enter with the new visa.

Consular Processing

Consular processing is the method for foreign nationals not currently in the United States or who are ineligible for adjustment of status or change of status, to obtain an immigrant or non-immigrant visa. In most cases, the initial petition must still be processed through USCIS and then the final applications and interview and processed at a U.S. consulate or embassy in the foreign national’s country.

No matter what your situation, the Law Office of Kelli Y. Allen, PLLC  is here for you. Contact our attorney online or call our friendly team at (704) 870-0340.

What Our Clients Are Saying

Work With A Firm You Can Trust
  • “Would highly recommend them, both are very friendly and excellent at what they do.”


  • “I highly recommend Kelli Y Allen Law.”


  • “Excellent Immigration Law Firm”


  • “The staff were always helpful and personable. ”

    Marcia G.

  • “Very knowledgeable, caring and professional.”


  • “Kelli and Allison were great and made our process painless and guided us in every way.”


  • “Their knowledge and experience made my application process so smooth and easy.”


  • “Thank you Ms. Allen for your help and for your time.”

    Mr. Fernandez

  • “I am grateful and I came into contact with this law firm.”


  • “You are truly great at what you do and I am so happy you are handling my case.”


  • “Thanks to Kelli and Allison our green card process was painless and stress free.”


  • “Their knowledge and experience made my application process so smooth.”


  • “The service they provided to me was very professional and focused to achieve the objective.”


  • “We would definitely recommend them.”


  • “I will be forever grateful. Thank you, thank you, thank you.”


Kelli Y. Allen Immigration & Elder Law

10150 Mallard Creek Rd, Suite 105
Charlotte, NC 28262

Phone: (704) 870-0340

Regular Hours
  • Monday - Friday 9:00 Am - 5:00 PM
  • Saturday & Sunday Closed

Also available by Text (704) 727-4310 or Live Chat

Service Area:

Charlotte and surrounding areas.