Guide to Adjusting Status Through a Family-Based Petition
Adjusting status through a family-based petition is an essential step for many immigrants seeking to live and work legally in the United States. The process allows individuals already residing in the U.S. to apply for a green card without leaving the country.
At Lane Immigration Law (Ruth Lane & Associates PLLC) in Euless, Texas, we can provide you with the guidance you need to achieve a favorable outcome.
Let’s explore the key steps involved in the adjustment of status process under U.S. immigration law. We’ll also highlight the importance of working with an experienced family immigration attorney for a smooth and efficient process.
Exploring Adjustment of Status Through a Family-Based Petition
Adjustment of status (AOS) is the process through which an individual can become a lawful permanent resident (LPR) of the United States without needing to return to their home country. For those who are eligible through a family-based petition, the applicant must demonstrate their relationship to a U.S. citizen or lawful permanent resident (LPR) sponsor.
A family-based petition is often the most straightforward method of obtaining a green card, provided the relationship between the applicant and the sponsor meets specific criteria outlined by U.S. Citizenship and Immigration Services (USCIS). The primary types of family relationships that qualify include:
Immediate relatives of U.S. citizens, such as spouses, unmarried children under 21, and parents of U.S. citizens.
Family preference categories, including married children of U.S. citizens, siblings of U.S. citizens, and children of LPRs.
The first step in the AOS process is determining eligibility based on the specific family relationship. Working with an experienced immigration attorney can make sure that your relationship qualifies and that the petition is correctly filed.
Now that we understand the basics of the family-based petition, let’s explore the steps involved in adjusting status through this petition. For eligible applicants, steps 1 and 2 below can be completed at the same time. Others may be eligible for an I-130 but will have to wait for visa availability and/or travel abroad to apply for an immigrant visa at a U.S. embassy or consulate. Consult with an attorney to understand eligibility requirements and potential wait times. Filing an I-485 when you are not eligible can be risky.
Step 1: Filing the Family-Based Petition (Form I-130)
The family-based immigration process begins with filing a Petition for Alien Relative, commonly known as Form I-130. This is the basis for family green card eligibility. This form is submitted by the U.S. citizen or LPR who wishes to sponsor their relative for permanent residency. The purpose of this petition is to establish the status of the petitioner and the legitimacy of the family relationship.
Key steps for filing Form I-130:
Complete the I-130 petition: The sponsor (U.S. citizen or LPR) must provide personal information, such as their relationship to the applicant, and submit supporting documentation that proves the family relationship.
Submit supporting documents: Documentation may include proof of U.S. citizenship or LPR status, birth certificates, marriage certificates, or adoption records to demonstrate the familial connection.
Pay the filing fee: The I-130 form comes with a filing fee that must be paid at the time of submission.
Submit the form to USCIS: Once the petition is complete, it’s sent to the appropriate USCIS office for processing or can be filed with UCSIS online.
The processing time for Form I-130 can vary based on several factors, including the type of relationship and the service center’s workload. Typically, it can take several months to several years for USCIS to approve the petition. After approval, the applicant can move to the next step of the adjustment process.
Step 2: Filing the Adjustment of Status Application (Form I-485)
After the I-130 petition is approved, the next step is to file Form I-485, Application to Register Permanent Residence or Adjust Status. This is the primary form used by individuals already in the U.S. who wish to adjust their status to that of a lawful permanent resident.
To file Form I-485, the applicant must meet the following requirements:
Be physically present in the U.S. at the time of filing.
Be eligible for a green card through the family-based petition.
Have an approved I-130 petition or be in a category where the I-130 isn’t required (e.g., an immediate relative of a U.S. citizen).
Submit biometric information: The applicant will need to undergo biometric screening, including fingerprinting and photographing, as part of the security checks.
Along with Form I-485, applicants may also need to submit other supporting documents, such as:
Proof of identity
Proof of lawful entry into the U.S.
Medical examination results (Form I-693)
Affidavit of support (Form I-864)
The purpose of the affidavit of support, is to demonstrate that the petitioner or sponsor has sufficient income so that the applicant won’t become a public charge after receiving a green card. This is a critical document and having an immigration attorney assist in completing this form is highly recommended.
Step 3: Attending the USCIS Interview
In many cases, USCIS will require the applicant and the sponsoring relative to attend an in-person interview. During the interview, a USCIS officer will ask questions to confirm the authenticity of the relationship and the applicant's eligibility for adjustment of status.
Here’s what to expect during the interview:
Questions about the relationship: USCIS will ask detailed questions about the family relationship to confirm that it’s legitimate.
Verification of documents: The officer will review all submitted documentation, including the I-130 petition and I-485 application.
Review of criminal history and immigration violations: The applicant may be asked about their immigration history, including any previous violations or arrests.
In some cases, the interview may be waived, especially for applicants in the immediate relative category. However, it’s still important to be prepared and to have an experienced immigration attorney represent you during the interview if required.
Step 4: Awaiting a Decision
After the interview, USCIS will either approve or deny the application for adjustment of status. The decision will be based on the documentation provided, the interview responses, and whether the applicant meets all the eligibility requirements.
There are three possible outcomes:
Approval: If everything is in order, USCIS will approve the I-485 application, and the applicant will receive their green card.
Request for additional evidence (RFE): USCIS may request additional information or documentation if there are any gaps or questions about the applicant's eligibility. Responding promptly and thoroughly to an RFE is crucial to avoid delays or a denial.
Denial: If USCIS determines that the applicant isn’t eligible for adjustment of status, the application may be denied. In such cases, an immigration attorney can help explore options for motions to reopen, review in immigration court, or reapplication.
If approved, the applicant will receive their green card, granting them lawful permanent residency in the U.S. and the ability to live and work freely. An attorney will also explain the legal obligations of a permanent resident in order to maintain their status and the requirements to eventually apply for U.S. citizenship.
After receiving your green card, you may have additional steps to follow, but the journey toward permanent residency has been completed.
How Can Working With an Immigration Lawyer Help You?
The immigration process, especially the adjustment of status through a family-based petition, can be complicated and filled with intricate legal requirements. Working with an experienced immigration attorney offers several benefits:
Guidance through the process: An immigration attorney can help manage the entire process, making sure that each step is handled correctly and efficiently.
Document review and filing: Attorneys help review and submit critical forms and supporting documents, minimizing the risk of errors or omissions.
Representation at the interview: Having an attorney present during the USCIS interview can help make sure that the applicant’s rights are protected and that the interview is handled professionally.
Handling requests for additional evidence (RFE): If USCIS requests additional documentation, an attorney can help respond promptly and appropriately.
Assistance with appeals and denials: In the event of a denial, an immigration attorney can advise on next steps, including appeals or reapplications.
An immigration attorney in Texas can be your greatest asset in the adjustment of status process. Their experience and knowledge of immigration law can make the difference between a successful outcome and unnecessary delays.
Reach Out to Us Today
For anyone seeking to adjust their status in Texas, seeking legal guidance is a prudent choice that can simplify the process and protect your rights. If you need legal assistance, contact us at Lane Immigration Law. We’re proud to serve clients in Euless, Texas, as well as the Arlington/Dallas/Fort Worth Metroplex area. Contact us at Ruth Lane & Associates PLLC today.