Are you looking to secure permanent residency in the United States through a family connection? Family-based adjustment of status (AOS) might be a suitable pathway for you. This process allows foreign nationals already in the U.S. to obtain a green card without needing to leave the country. With clear eligibility requirements and step-by-step procedures, Adjustment of Status can be a straightforward way to reunite families while ensuring legal residency.
What You Need to Know About Eligibility
To qualify for family-based Adjustment of Status, you must meet certain criteria:
- Relationship to a U.S. Citizen or Permanent Resident: You need a qualifying family connection, such as being the spouse, unmarried child under 21, or parent of a U.S. citizen. Siblings and other family categories may also qualify but often face longer wait times.
- Lawful Entry: You must have entered the U.S. legally, meaning you were inspected and admitted or paroled, usually with a valid visa.
- Physical Presence: You must be physically present in the U.S. when filing Form I-485, the primary application for AOS.
- Visa Availability: For immediate relatives of U.S. citizens, visas are always available. For others, you’ll need to confirm that a visa number is currently available based on your family preference category.
- Admissibility: Applicants must meet health, criminal, and other criteria or qualify for a waiver if deemed inadmissible.
Steps in the Adjustment of Status Process
The process begins with the family member who is a U.S. citizen or permanent resident filing Form I-130 to establish the family relationship. Once this petition is approved (or filed concurrently for immediate relatives), you can proceed with Form I-485, the application to adjust your status.
Supporting documents such as proof of relationship (e.g., marriage or birth certificates), your government-issued ID, passport-style photos, and any relevant immigration documents will need to be included. After submitting your application, the U.S. Citizenship and Immigration Services (USCIS) will schedule an interview to review your eligibility and background.
If all goes well, you’ll receive your green card, granting you lawful permanent residency. However, if your application is denied, you may have options for appeal depending on the reasons for the denial.
Challenges to Consider
While the AOS process has clear advantages, there are potential challenges. Applicants with overstayed visas or other admissibility issues may require waivers. Additionally, processing times can vary, and those in family preference categories might face extended wait periods.
We’re Here to Help!
Navigating the Adjustment of Status process can feel overwhelming, but you don’t have to do it alone. At J. Molina Law Firm, we specialize in guiding families through U.S. immigration procedures with care and expertise. Contact us today to schedule a consultation and take the first step toward securing your future in the United States!
