Whether you entered the United States on a work visa, fiance visa, or other family-based category, you can change your status with a successful adjustment of status interview. However, the process can be confusing and complicated.
A reputable immigration attorney can help. Contact our Atlanta family-based adjustment of status attorneys for assistance with family-based adjustment of status.
Table of Contents
1. Consultation
Family-based adjustment of status is when family members of a permanent resident or U.S. citizen sponsor immigrant family members to become LPRs or citizens. Typically, they will file a petition on behalf of their loved ones. Some immediate relatives (spouses, children and parents) may qualify for an immigrant visa immediately, while others must wait in line based on preference category and country of origin.
It is important to consult with an immigration attorney about family-based adjustment of status so they can provide guidance on the process and help ensure all necessary documents are prepared. By working with an immigration lawyer, it will increase the chances of a successful application.
The consultation process can be complicated and requires the right legal expertise to ensure all required documents are properly prepared and submitted to USCIS. An experienced immigration attorney can help guide you through the process and help prevent any delays or denials that may occur along the way.
2. Filing
The United States government authorizes a limited number of immigrant visas to family members of citizens and permanent residents. If a foreign national has a valid immigrant petition filed for him or her by a family member and is lawfully present in the United States, he or she may apply to become a lawful permanent resident through a process known as adjustment of status.
This process allows immediate relatives of U.S. citizens and lawful permanent residents to obtain their green cards while in the United States, rather than returning to their home country for immigrant visa processing at a U.S. Consulate abroad. The application to adjust status can be complex and confusing. An experienced immigration lawyer can help make the process smoother.
The complexities of the application can create opportunities for errors that could delay or prevent an individual from becoming a lawful permanent resident. A qualified attorney can review the paperwork, ensure that all required documents are submitted and prepare the application properly. An experienced attorney can also assist with filing applications for employment authorization and advance parole, which allow individuals to travel in and out of the country while their adjustment of status is pending.
3. Interview
If you file a family-based adjustment of status application, you will need to attend an interview at your local USCIS field office. This interview will be conducted by an immigration officer who will review your case and ensure that the facts you provided are accurate. It will also be a chance for the officer to see you and your spouse or child together in order to confirm that the relationship is genuine and that you do not have any grounds of inadmissibility.
The interview process is a vital step for many families and it can be stressful. Boundless can help you prepare for your interview and even attend the interview with you to answer any questions that the officer might have about your case. The United States only authorizes a certain number of immigrant visas each year, so the adjustment of status process allows qualifying foreign nationals already in the U.S. to obtain their green cards without returning to their home countries for visa processing.
4. Denial
Denial is a defense mechanism that prevents us from facing painful facts. It can take many forms, from refusing to acknowledge an illness or financial crisis to blaming others for one’s mistakes. While it can be difficult to overcome, there are ways to begin the process.
One way is to challenge negative thoughts and beliefs. Another is to engage in self-care, which may include exercise, meditation, or spending time in nature. It can also be helpful to seek professional help. A therapist can help individuals process their feelings and replace denial with healthy coping mechanisms.
Family-based adjustment of status is a process that allows spouses, children, parents, and siblings of United States citizens and lawful permanent residents to obtain green cards without returning to their home country for visa processing. The number of immigrant visas available for immediate relatives is unlimited, but those for more distant relatives are limited. Individuals in this category who wish to adjust their status must ensure that they meet all the requirements for their particular preference category.
