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So, you’re looking at the family-based adjustment of status process? Here’s what you need to know.
The family-based adjustment of status process is one-way certain foreign nationals can apply for a green card (lawful permanent residence). This process is available to those who are already in the United States and meet specific eligibility requirements.
Let’s take a closer look at the details!
What is Family-Based Adjustment of Status?
Simply put, the family-based adjustment of status process is when a foreign national already living in the United States applies to have their immigration status changed from temporary to permanent. The application is made through U.S. Citizenship and Immigration Services (USCIS), and if approved, the individual will be granted a green card.
This process is often used by people who have entered the United States on a family-sponsored visa, such as a spouse or child of a U.S. citizen or green card holder. It can also be used by people who have been granted asylum or refugee status.
To be eligible for this process, an individual must have a qualifying relationship with a U.S. citizen or green card holder. They must also meet all other eligibility requirements, which we will discuss in more detail below.
It’s important to note that the family-based adjustment of status process is just one way to apply for a green card. Other methods are available, such as employment-based sponsorship, investment, or the Diversity Visa Lottery.
What is the I-130 Petition?
The first step in the family-based adjustment of status process is to file an I-130 petition with USCIS. This petition is also known as the Petition for Alien Relative.
The I-130 petition is filed by a U.S. citizen or green card holder on behalf of a foreign national family member who wishes to immigrate to the United States. The petition establishes the relationship between the sponsor and the immigrant.
Once USCIS approves the I-130 petition, the foreign nationals can proceed with their green card application if they are an immediate relative (spouse, child under 21 and parent). For those who are not immediate relatives, they fall under a preference category and may have to wait for a visa to be available.
What Are the Eligibility Requirements?
As we mentioned above, specific eligibility requirements must be met to qualify for the family-based adjustment of status process. Let’s take a closer look at these requirements:
You must have a qualifying relationship with a U.S. citizen or green card holder. This means you must be the spouse, child, or parent of a U.S. citizen or green card holder. You can also be the unmarried brother or sister of a U.S. citizen or the married son or daughter of a U.S. citizen.
You must be physically present in the United States when you file your application for a green card.
You must be eligible to receive an immigrant visa. This means you must not have any bars to entry, such as a criminal record or prior immigration violations.
You must have entered the United States legally. This means you must have had a valid visa or other travel documents when you entered or must have qualified for a waiver of this requirement. There are some exceptions to this rule.
You must meet all other general requirements for adjustment of status. This includes things like being in good health, having no communicable diseases, and not having any convictions for certain types of crimes.
How Can A Family-Based Immigration Attorney Help?
The family-based adjustment of status process can be complex, and many potential pitfalls can delay or even prevent your application from being approved.
Experienced Naperville immigration attorneys can help you navigate the process and ensure that your application is complete and accurate. They can also represent you in any interviews or hearings that may be required as part of the process.
If you are considering applying for a green card through the family-based adjustment of status process, contact an experienced immigration attorney today to discuss your case.
The family-based adjustment of status process is an excellent way for foreign nationals to immigrate to the United States. Still, it’s important to ensure you understand all the requirements and potential risks before beginning the process.
Remember, experienced family immigration attorneys from Kasturi Law LLC can help you through every step of the process and increase your chances of success. Contact an attorney today if you have any questions about the family-based adjustment of status process.
This article is for informational purposes only and does not constitute legal advice. You should always consult with Naperville immigration lawyers before beginning any immigration process.