Obtain Your Marriage-Based Green Card Through Adjustment of Status

Adjustment of Status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are already present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing. Otherwise, if you are applying from outside of the U.S., you must go through consular processing.

If you are married to a U.S. citizen or a Legal Permanent Resident, and you entered the U.S. legally, you may qualify for a marriage-based green card through Adjustment of Status. When you apply for a green card through Adjustment of Status, you are allowed to remain in the United States until U.S. Citizenship and Immigration Services (USCIS) processes your application. In addition, AOS applicants can apply for authorization to work and travel outside the U.S. while they await their green cards.

In addition to being physically present in the U.S. and having made a lawful entry, eligibility for Adjustment of Status also requires that the applicant must have an immigrant visa immediately available. The U.S. immigration system has two major categories of family-based immigrants: immediate relatives and family preference. These categories define the type of relationship that the immigrant has with the U.S. sponsor and the priority that the immigrant will receive in obtaining a green card:

Spouses of U.S. citizens are classified as immediate relatives. Under the immediate relative category, there is an unlimited number of immigrant visas available each year for immediate relatives of U.S. citizens. Immigrant spouses in these categories do not have to wait in line for a visa number to become available for them to immigrate. Moreover, certain bars to adjustment, such as overstaying a visa or working in the U.S. without authorization, do not apply.

All other qualified relationships, including spouses of legal permanent residents, are considered family preference categories. Under this category, the number of family-preference immigrant visas is limited as immigration law puts a numerical cap on the number of green cards that can be issued to family-preference categories each year. Immigrant spouses of legal permanent residents need to wait for a visa to become available prior to applying for adjustment of status.

Whether you are a spouse of a U.S citizen or a legal permanent resident, at Rufat Immigration Firm we can help you to apply for permanent residency through adjustment of status, while you stay with your loved one in the U.S.

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Your Path to a Green Card

After determining that you qualify to apply for Adjustment of Status (AOS), there are five main steps you'll have to take to submit your application:

Step 1: Green Card Sponsor Files I-130 & I-485 Forms

The green card sponsor will file a Form I-130 petition with U.S. Citizenship and Immigration Services (USCIS) on your behalf to prove that you and your U.S. citizen or green card holder sponsor are family members and have a relationship on which you can base your application. If you are an immediate relative of a US citizen, you can file a "concurrent application." This means you'll submit both Forms, I-130, and I-485 at the same time. Additionally, if you would like to work in the U.S. while you wait for your green card, you'll have to file Form I-765 along with the AOS application and Form 1-131 if you would like authorization to travel.

Step 2: RECEIVE RECEIPT NOTICE

After filing the above Forms (I-130 & I-485), USCIS will initially respond by mailing you a receipt notice that confirms receipt of your application. Formally known as Form I-797C, Notice of Action, typically arrives 2 to 4 weeks after filing.

Step 3: Attend a Biometrics Appointment

Once your Form I-485 has been filed you will receive a notice in the mail for a biometrics services appointment at a local Application Support Center (ASC) where you will have your fingerprints and photograph taken. These biometrics will be used to verify your identity and run a background and security check.

Step 4: CHECK USCIS FOR RFE

In some instances, USCIS may issue a Request For Evidence when an application or petition lacks the necessary documentation or evidence to make a decision on the immigration benefit requested. The RFE letter would request you to submit additional evidence to corroborate the facts in your application.

STEP 5: Ead & aDVANCE pAROLE

If you simultaneously apply for an Employment Authorization Document (EAD) and Advance Parole (AP) authorization to travel along with the AOS application, USCIS will evaluate the forms and issue both work and travel authorization cards respectively.

Step 6: Attend a Green Card Interview

Based on the information submitted in your AOS application and the result of the criminal background check, USCIS may or may not invite you to attend a Green Card interview at a local office to ask further questions about your application.

Step 7: USCIS Approves or Denies Your Green Card Application

USCIS will send you a decision on your green card application shortly after your green card interview. They may either approve or deny your application. If they approve your application, you'll get your physical green card document in the mail shortly after.

Our Services

Adjustment of Status for Married Couples in the U.S.
Removal of Residency Conditions
Replacement or Renewal of Green Card
Replacement or Renewal of Employment Authorization Card
Citizenship
Replacement of Naturalization Certificate

Why Choose Us?

When it comes to obtaining a Green Card through marriage, choosing the right attorney is crucial. The rules surrounding marriage and green cards are detailed and complex, and largely depend upon whether the marriage was to a citizen or legal permanent resident. At Rufat Immigration Firm, we offer personalized and dedicated services to ensure a smooth and successful process from applying to legal permanent residency to becoming a U.S. citizen. With our expertise and remote assistance, you can trust us to handle all the legal complexities while you focus on building your future in the USA.