Family-Based Adjustments & Green Card Petitions

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Family-based adjustment of status means transitioning from a non-immigrant visa to permanent residency with the help of a family member or immediate relative.

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For example, If you’re a foreign national who came to the U.S. on a student visa, and then you fell in love and married an American citizen, you can apply for adjustment of status, with your spouse as your sponsor, subject to the fulfillment of other immigration conditions.

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The benefit of family-based immigration is that there’s more certainty of a positive outcome if you do things right. To be safe, consult an experienced immigration attorney before you begin the process.

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Eligibility for Family-Based Adjustment of Status

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Before you adjust your immigration status based on a family relationship, you must be sure you’re eligible for a family-sponsored green card. This means that you must fall within one of the approved green card eligibility categories depending on whether your sponsor is a citizen or lawful permanent resident.

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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 U.S. citizens who entered the U.S. via a K-1 or K-3 visa can also adjust their status after marriage.

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Petition for Family Adjustment of Status: How to Apply

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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 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.

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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 U.S. citizens.

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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.

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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.

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Denial means the applicant may need to leave the U.S. 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 U.S.