Family-based Adjustment of Status
To promote family unity, immigration law allows U.S. citizens to petition for certain qualified “immediate” relatives to come and live permanently in the United States. Immigration through family is one of the most common ways of acquiring lawful permanent resident status. A permanent resident is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a “green card”.
We can examine your family connections and advise you how you can obtain a green card through family members; we help people to adjust status every day. Call or email us – you can speak directly with a U.S. immigration expert.
- Preliminary advice for deciding the correct course of action;
- Gathering information and evidence;
- Preparing and submitting all of the forms and documents;
- Answering requests for evidence from the government;
- Attendance at the adjustment interview; and,
- Advice on maintaining status and removing conditions attached to status
Family: Legal Permanent Residence Eligibility
The following relatives of United States citizens are eligible to apply for permanent resident status under the category of Immigrant Relative of a U.S. Citizen:
- Spouse
- Unmarried or married, minor or adult child
- Sibling (sponsor must be an adult)
- Parent (sponsor must be an adult)
The wait times for each category vary widely; consult one of our U.S. immigration lawyers to find out what the current wait times are.
Green Card holders may also petition for certain eligible relatives to come and live permanently in the United States. The spouse or unmarried son or daughter of any age of a lawful permanent resident may also enter if there is a family-based visa petition approved in their behalf. Congress has limited the number of relatives who may immigrate under these categories each year so there is generally a waiting period (an annual quota given to each preference) before an immigrant visa number becomes available.
Adjustment of Status ‘Green Card' Process
Family-based categories require that a U.S. citizen or permanent resident relative file a Form I-130, Petition for Alien Relative. An approved or concurrently filed visa petition allows a qualifying person to submit applications for registration, employment authorization, and travel permission, along with proof of financial support and good health. The process involves filing the petitions and applications with supporting documents, getting fingerprinted, attending an interview, and answering any requests for evidence issued by the Department of Homeland Security or other agencies.
Issues that may bar adjustment of status include criminal convictions, health impediments, documentation problems and immigration law violations. If you have any of these issues, contact us. We have enormous experience in helping our clients to overcome these hurdles to U.S. immigration.