Family-based adjustment of status is one of the ways you can change your immigration status from a visa or tourist to a permanent resident. You need to fill out a form and send it to the USCIS. It can take awhile to receive your new visa or green card. In this article, we’ll go over the process and what documents you’ll need to submit along with your application.
Process
The process of family-based adjustment of status enables eligible immigrants to obtain lawful permanent resident (LPR) status in the United States. While many people may think of this type of immigration as a work-based process, the fact is that it is actually a family-based immigration process.
The family-based adjustment of status process is a lengthy one. It generally takes between eight and fourteen months to complete, depending on which application type you choose.
In addition to the usual biometrics screening, you may also be asked to fill out an immigration interview. This interview helps prove that you have a legitimate familial relationship. For instance, if you are applying for a marriage-based green card, you will be asked to detail your married life. These questions are meant to verify that your marriage is in good standing.
There are two types of family-based adjustments of status: immediate and derivative. Immediate relatives include spouses and children under 21 years of age. You may need to wait for a green card before you can adjust your status.
You will need to fill out a detailed application package. Many candidates will need to attend an immigration interview. Your attorney will help you prepare for this process.
The immigration interview is usually conducted at your local USCIS office. Before the appointment, you will receive a notice that will describe what to bring. Generally, a USCIS representative will not provide interpreters.
When you arrive for your interview, make sure you have all the required documents on hand. If you aren’t certain, check online to see if your situation falls under any of the available subcategories.
If you are denied, you can file an appeal. However, you might want to consider hiring an immigration lawyer to help you with your family-based adjustment of status application.
Documents required
The United States government authorizes two categories of family-based immigrant visas. One category is for spouses and children of a citizen. Another category is for immigrants outside the country. Each type has its own requirements.
Immigrants from overseas must first get an entry visa before they can enter the United States. They may choose to obtain a consular processing appointment at a U.S. consulate in their home country or they can file for an adjustment of status.
The adjustment of status process is often easier than consular processing. It is less expensive to file an application, and you do not have to worry about an underlying petition. However, it can take a while to complete. You will have to provide evidence of your relationship with a U.S. relative, especially if the petition is for an immediate relative.
Adjustment of status can be a good option for immigrants who have lived in the United States for years. If you are an immigrant who has been denied or delayed in the processing of your immigration application, you may want to hire an immigration attorney to help you.
If you are applying for a green card based on a family relationship, you must meet certain requirements. For example, you must be married, and your marriage must have been in good faith. Also, you must have reestablished a legal relationship with your biological parents.
In addition, you must be physically present in the United States. This means that you must have come to the country lawfully and with proper inspection. Applicants who have overstayed their visa for six months may be barred from reentering.
Interview timeline
If you are preparing for an interview for a family-based adjustment of status application, there are a number of important things you need to know. First, the immigration officer is looking for a lot of information. He or she will ask you questions to verify your eligibility and your relationship to the person who filed the petition.
This means that you will be asked about your employment, your children’s births, your marriage, and other details of your life. You should be honest and not make up any of these answers. Also, don’t forget to take note of any changes that have occurred since you submitted your application.
The immigration officer will also ask you about any other factors that might have a bearing on your eligibility. For example, if you changed employers, you might be asked to provide your new employer’s address. Likewise, you might be asked about any criminal records you may have.
USCIS may send you a Request for Evidence (RFE) if they need more information. You should follow the instructions on the RFE and submit the requested documents by the due date.
You should also review the green card application and all the other supporting documents that you will be submitting. You should make sure they are all accurate and that you have enough documents to support them.
Getting a green card gives you the right to work, live, and travel in the United States. Before you go to your interview, make sure you have all the necessary documents and a plan of action.
A USCIS interview is an opportunity to show the interviewing officer that you are eligible for the green card. It’s also an opportunity for you to show the agency that you’re credible. However, you should remember that you will not get a decision at the interview.
Change of status from tourist visa to lawful permanent resident
Family-based adjustment of status is a legal process that allows a foreign national to get a green card without going back to his or her home country. There are a few key factors to consider when pursuing this option. A good Austin immigration attorney can help you with this important step in the process.
Generally, the process takes about eight to fourteen months. Applicants must file the appropriate paperwork with the USCIS and attend an in-person interview. If possible, the applicant should bring proof of employment back in his or her home country.
This type of application is commonly referred to as the EB2 family based green card category. As the name suggests, this is for the spouses, parents, children and other family members of U.S. citizens. However, the application can also be used by nonimmigrant crewmen who wish to change the date of arrival into the United States.
One of the most important requirements to complete this type of application is to prove that you have the financial means to support yourself in the United States. This is especially true if you are working on an H-1B or O-1 visa.
In the process of filing an adjustment of status, you may encounter several hoops to jump through. For instance, you may need to file an Employment Authorization Application and Form I-485. You may also need to have an in-person interview at a local USCIS office. The timing of the process can make or break your chance at getting a green card.
The most important aspect of the family-based adjustment of status is that it provides a legal way for foreign nationals to obtain a green card without returning to their home country. However, this option does not exist for everyone. To obtain a green card, a foreign spouse must meet certain requirements.
USCIS closes offices to family-based adjustment of status after COVID-19 epidemic
The novel coronavirus outbreak (COVID-19) is affecting immigration services in the United States. A number of countries have implemented travel restrictions and many individuals, including American citizens, have had to change their plans.
The Department of Homeland Security is working with other local, state, and federal agencies to limit the spread of the virus. In addition, USCIS is reducing backlogs and removing barriers to services.
President Donald Trump has issued executive orders that limit the immigration of immigrants from certain countries. He has also rescinded a policy that would have stripped foreign students who took online courses from receiving visas.
During the past fiscal year, the median time to process a naturalization application was 9.1 months, compared to 10.5 months in the previous year. Moreover, the total number of employment-based green card applications that USCIS processed in fiscal 2020 increased by 50% over the typical baseline.
Last year, the agency approved approximately 180,000 green cards. This is a small fraction of the overall available number. However, since the COVID-19 pandemic hit, the agency has received an additional 122,000 immigrant visa numbers.
In fiscal 2021, the agency launched an online filing system for TPS applications. It also began accepting renewals for TPS.
Although USCIS has made progress in addressing processing delays, it is still struggling to keep up with demand. As a result, it has delayed interview appointments for asylum applications and immigration benefit applications. Some field offices have also been closed.
The agency is reopening some field offices, but the process is slow. For example, it will take months for an in-person interview to schedule.
USCIS has also reopened some asylum and refugee interview locations. However, it has not changed procedures to ensure that personal contact is minimized.
