Adjustment of Status- Family Based Petition

NOTE: This blog only covers family based petitions for U.S. citizens petitioning for his or her spouse and/or a U.S. citizen petitioning for his or her parent(s)

Adjustment of status is the process in which an applicant or immigrant is petitioned by a U.S. citizen to become a lawful permanent resident. A lawful permanent resident is more commonly referred to as a green card holder.

Eligibility for Adjustment of Status in the United States
In order to be eligible to adjust status in the United States, the applicant or immigrant must have a qualifying relative to petition for them (i.e. U.S. spouse or child); be physically present in the United States; and have a lawful entry to the United States-- which means that the applicant was either admitted, inspected, or paroled into the United States. IMPORTANT: an applicant that crossed into the United States unlawfully (i.e. walked across the border) will likely be ineligible for adjustment of status. There are a few instances were said unlawful entry may be waived, however, the majority of cases will not lead to eligibility for adjustment of status. That does not mean that an applicant does not have a pathway to residency, it is likely that the applicant can consular process outside of the United States and still receive residency.

Application Process
In order to begin the process for adjustment of status, the petitioner (U.S. citizen) will file the Form I-130, showing that they are indeed a U.S. citizen and proving the qualifying relationship. At the same time, the applicant will file Form I-485 showing his or her eligibility to adjust status in the United States. There are also numerous other forms that may be filed with the petition to allow for emergency travel and a work permit. USCIS also requires that the applicant and petitioner submit evidence to show that the qualifying relationship exists and exists for the correct purpose. It is highly recommended that you hire an immigration attorney to assist through this process. Immigration law is highly complex and can be very difficult to navigate. If your application is denied, for any reason, you may be referred to immigration court where a judge may order that you leave the United States.

The immigration attorneys at Hall & Dixon have extensive experience with family based petitions. Let us handle all the stress and work of ensuring all the forms and filed properly and all the evidence is submitted. We will work hand in hand to ensure the best possible outcome for your immigration case. Call or text Hall & Dixon today at 704-993-6825 for a FREE consultation!

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