It is easy to get overwhelmed when fiking a Family-Based Adjustment of Status. Contact an attorney at Manji Law, P.C. for advocacy and representation. Call now!
Generally, immediate family members of citizens and green card holders, such as spouses, parents, children under 21 years old, and in some cases, siblings, can benefit from this procedure.
Foreign nationals engaged to marry US citizens who entered the US via a K-1 or K-3 visa can also adjust their status after their marriage.
Petition for Family Adjustment of Status: How to Apply
The family-based Adjustment of Status procedure usually begins by filing immigration Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This form is completed and filed by the sponsor on behalf of the intended immigrant.
Once the petition is approved, the applicant can proceed to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is usually submitted after the USCIS approves Form I-130, but in some cases, concurrent filing may be allowed.
Generally, you’re not supposed to file Form I-485 until you confirm visa availability for your category. However, this doesn’t apply to immediate relatives of US citizens.
Once the USCIS receives the family-based Adjustment of Status application from you, you’ll be required to participate in a biometric screening. You may also be invited for an interview or asked to provide additional documents if necessary.
The USCIS will notify you of their decision in writing, and if it is approved, you’ll receive your green card after a while.
If your application is denied, you’ll also receive a notice stating the reason for the denial and whether or not you can appeal the decision.
Denial means that the applicant may need to leave the US voluntarily or undergo deportation proceedings. You might need to contact a top-rated immigration attorney in Atlanta at this point to either assist in your immigration appeal or file a motion for reopening or reconsideration of the decision. If your appeal or motion succeeds, you’ll likely be allowed to remain in the US.
Many people may find it challenging to understand the process of converting their non-immigrant visa into a family-based green card. The multiple forms and paperwork required could easily throw one off balance and leave room for error.
But with the USCIS, you’ll want to avoid any errors in your application by any means necessary, as such errors could prove to be very costly.
So, to improve your chances, it might be better to seek professional help from an experienced immigration attorney. Immigration attorneys understand the law and are familiar with the relevant immigration processes. With their knowledge, they can help you correctly prepare your application for adjustment and represent you throughout the process.
If you are in the Atlanta area and need an immigration attorney, Manji Law, P.C. is here to help. Our Atlanta DACA attorneys can answer your questions about the family-based adjustment of status process and work to make your application as smooth as possible.