According to US immigration law, if you have family members that are U.S. citizens or lawful permanent residents, you may be eligible to get a Green Card and become a permanent resident yourself based on these family relationships. If you are a spouse, minor child, or parent of a U.S. citizen, you may be eligible to apply for an adjustment of your status through the family.
To being the status adjustment process, you can fill out the I-485 application if you reside in the United States. Individuals who live outside the United States but meet certain criteria may be eligible to apply for an adjustment of status through family, but they will usually have to file the I-130 form instead.
When applying for a new status based on your family relationships if you reside in the United States, your family member should provide the following support documentation along with the application:
The following should be submitted by the foreign beneficiary:
It is important to note that the medical examinations should only be done by one of the immigration approved physicians that can be found on the USCIS website. Also, if you were ever arrested for any reason, you should obtain documentation from the court explaining the reason for your arrest and release.
If the application is based on marriage, the following should also be submitted:
All the above should be submitted with the identifying names of both individuals clearly visible, along with the immigration filing fee. All of the original documents should be kept in a safe place, as you will be required to show them to the USCIS officer when you go in for the final interview.
Every case varies, but you can expect an average of 8-14 months for your family-based adjustment application to go through and get approved. You should get the assistance of an attorney to help you with the application process to ensure you do not forget any important details.
To establish your relationship with a relative who wants to immigrate to the United States and get a Green Card, you will need to file the I-130 form. The I-130 form will be approved if you are able to prove that the relative qualifies for immigration and you are able to establish a proper relationship with them.
Often, once the I-130 is approved, your relative will have to move on to step two, which is to apply for an LPR.
The support documentation required from the U.S. Citizen include:
The foreign national should submit the following:
Once again, it is important to note that the medical examination should only be carried out by a registered immigration practitioner, from the list which can be found on the USCIs website. Any other medical results will not be accepted.
The immigration process can be a lengthy one and your Green Card can get delayed unnecessarily if you fail to follow the correct legal route from the beginning. An immigration attorney can help you file your immigration papers and make sure you submit all the correct support documents alongside your forms to ensure you or your relatives can easily gain legal status in the United States.
Get in touch with an immigration attorney at the Law Office of J. Joseph Cohen today to get assistance with the family based immigration process.
Reach us at:
San Antonio, TX
310 South St. Mary’s Street, Suite 2100
San Antonio, TX 78205
The 21st Floor of the Tower Life Building
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I bring a unique perspective to the practice of immigration law with years of legal, government and overseas experience.
