Family Reunification & Adjustment of Status
The U.S. has always been a melting pot, built and enriched by immigrants from far and wide. The spirit of this nation lies in its diversity, welcoming shores, and the promise of a better life.
Our immigration system, mirroring these fundamental values, keeps family unity at its heart. U.S. citizens and Lawful Permanent Residents (LPRs) have the power to write their family into the American story by petitioning for their close kin to achieve permanent residency. This process, often seen as ‘sponsorship,’ acts as a beacon of hope, reuniting families in the United States.
- Immediate Relatives and Family Preference System
Family members can attain permanent residency through two primary routes: as immediate relatives of U.S. citizens or under the family preference system.
Immediate relatives, who are not subjected to annual visa caps, include:
• Spouses of U.S. citizens
• Unmarried minor children of U.S. citizens
• Parents of U.S. citizens aged 21 and above
Through the family preference system, the following groups could qualify for immigration:
• Adult children (both unmarried and married) of U.S. citizens
• Siblings of adult U.S. citizens
• Spouses of Lawful Permanent Residents (LPRs)
• Unmarried children (minors and adults) of LPRs
1.1 Quotas for Family Visas
Although the U.S. family preference system allows numerous individuals to immigrate, it’s important to note that the number of visas available each year is limited. This quota system can lead to significant waiting periods before a visa becomes accessible. The U.S. Department of State oversees the enforcement of these numerical limits, adjusting visa allotments monthly based on qualified applicants. Current visa availability can be checked through the U.S. Department of State Visa Bulletin.
2. Conditional Residency and Navigating the Waiver Process for Form I-751
When a foreign national marries a U.S. citizen and achieves immigrant status within two years of the wedding, they are granted what’s known as ‘conditional residency.’ Think of it as a trial period, where the new union is verified by the U.S. immigration system. To convert this temporary status into permanent residency, a joint petition (Form I-751) is typically filed within 90 days before the second anniversary of the grant of conditional residency status.
But, as in all matters of the heart, sometimes things don’t go as planned. There might be circumstances where jointly filing this petition may not be feasible. In such cases, a waiver of the joint filing requirement comes into the picture.
Securing this waiver involves demonstrating one of the following scenarios:
• The marriage was in good faith but ended in divorce.
• The marriage was sincere, but unfortunately, the U.S. citizen spouse passed away.
• The marriage was genuine, but the foreign national suffered physical or severe mental abuse.
• The foreign national would face extreme hardship if returned to their home country.
Once your application is submitted, it’s time to face the interview conducted by USCIS. They’ll review your case, assess the evidence, and determine whether you’re eligible for the waiver.
If the stars align and your waiver is approved, the conditional tag is removed from your residency status, and voilà, you are now a Lawful Permanent Resident!
Frequently asked questions
Adjustment of Status is the procedure for individuals already in the United States to apply for lawful permanent resident status, commonly known as obtaining a Green Card, without the need to return to their home country for visa processing.
Eligibility for Adjustment of Status primarily includes individuals with an approved I-130 petition or another approved immigrant petition who are physically present in the U.S. and in a valid immigration status. In certain cases, individuals who are not in valid immigration status may still be eligible to adjust their status within the U.S., reflecting the principle that one must have a status to adjust from. This encompasses scenarios like transitioning from Temporary Protected Status, student status, or refugee/asylum status to lawful permanent residency.
Form I-485, known as the Application to Register Permanent Residence or Adjust Status, is a critical step in the Adjustment of Status process. This form allows individuals to apply for lawful permanent residency without having to return to their home country for visa processing.
When submitting Form I-485, it’s essential to include proof of an approved petition, which serves as the foundation of your eligibility. The type of supporting documents required will depend on the specific grounds for adjustment. These may include, but are not limited to:
- Evidence of an approved immigrant petition
- A copy of your Form I-94, Arrival/Departure Record
- Passport-style photos
- Form I-693, Report of Medical Examination and Vaccination Record
- Documentation of your immigrant category, such as a family relationship or employment offer
It’s important to ensure that all supporting documents provide a full and clear picture of your eligibility for status adjustment. Additionally, the correct filing fee must accompany the application package to avoid processing delays.
For a detailed list of required documents and further guidance, please refer to the official USCIS page for Form I-4851. Remember, providing a complete and accurate application will help streamline the process and reduce the likelihood of requests for additional evidence.
The duration of the Adjustment of Status process can significantly vary, influenced by the applicant’s eligibility category, their geographic location, and the current processing times at USCIS. While some applications may be processed within a few months, others might take longer than a year. Applicants can stay informed about processing times by visiting the USCIS case processing times page at USCIS Case Processing Times, which provides updated timelines based on form type and filing location.
How can Babila Law assist?
At Babila Law, we aim to facilitate the immigration process for you, transforming it into an understandable, manageable experience. Whether it’s preparing and submitting forms, assisting with additional benefits, understanding complex immigration laws, or navigating through potential obstacles, our experienced attorneys are here to help.To learn more about family-based immigration or to seek assistance on your immigration journey, please [click here] to connect with a skilled immigration attorney from Babila Law. Let us help you navigate the complexities of immigration law effectively, ensuring that you and your family are well-prepared for this life-changing process.
