According to data from the Department of Homeland Security’s Office of Immigration Statistics, about 81.5 million nonimmigrants were legally admitted into the United States in Fiscal Year 2019. U.S. citizens and lawful permanent residents can obtain a green card for their foreign-born spouses and other family members who lawfully entered into the United States by adjusting their immigration status. Once the U.S. citizen spouse files a petition on their foreign-born spouse’s or family member’s behalf, they will be eligible for adjustment of status to permanent residence.
At Corbaci Law, P.C., we have the experience and resources to assist and guide clients in immigration law and adjustment of status matters. Our attorneys are available to discuss your unique situation, explore all of your available legal options, and help file your adjustment of status petition. As experienced Massachusetts immigration law attorneys, we can review and submit all of the necessary forms and supporting documentation, complete the green card application, and guide you through every step involved in the legal process.
Our team at Corbaci Law, P.C. is proud to serve clients across Woburn, Massachusetts, and the surrounding communities of Boston, Marlborough, and Framingham.
Adjustment of status is the process through which a family member or foreign-born spouse of a U.S citizen or lawful permanent resident, who is currently staying or living in the United States, qualifies for a green card (lawful permanent residence). Through an adjustment of status, you can get a green card for your foreign-born spouse or family member without them having to return to their home country to complete their visa processing.
To be eligible for an adjustment of status, the nonimmigrant beneficiary or intending immigrant must meet the following basic requirements:
You must be physically present in the United States
You must have entered the United States legally
You must have an immigrant visa immediately available to you
According to the 90-day rule, a person who violates their nonimmigrant status or engages in conduct inconsistent with that immigration status within 90 days of entry into the United States is presumed to have committed fraud or misrepresentation. Nonimmigrants who try to adjust their immigration status within the 90-day period will be thoroughly scrutinized. Nonimmigrants are advised to avoid marriage and adjustment of status within the first 90 days of entry.
Here’s an overview of the steps involved in the adjustment of status application process in the context of marriage to a U.S. citizen:
Complete and submit Form I-485, Application to Register Permanent Residence or Adjust Status, to the USCIS.
Complete and submit Form I-130, Petition for Alien Relative, to the USCIS if your U.S. citizen spouse has yet to do this on your behalf.
Your U.S. citizen spouse will need to file the Affidavit of Support on Form I-864.
Submit other supporting documents required to complete your application.
Undergo a medical examination through a USCIS-approved doctor. Include the result in your adjustment of status paperwork or documentation. Make sure the doctor's signature is no more than 60 days old when you submit.
Attend a fingerprinting appointment once your application has been processed.
Attend the adjustment of status interview with your spouse.
Your attorney can help file the necessary paperwork, streamline the application process, and prepare you and your spouse for the interview.
The final step in your adjustment of status application process is to attend an interview with the U.S. Citizenship and Immigration Services (USCIS). The adjustment of status interview usually lasts for about 20-30 minutes, but you may need to wait longer before you are called upon.
The interview starts with the USCIS officer swearing you in and checking your photo identification. The officer will go through your file and ask you questions from the information provided in the submitted forms. This is to confirm that you are the person who applied and your personal information is accurate. The officer may also ask questions to verify that your relationship with your spouse was entered into in good faith (in other words, is a "bona fide" marriage). You should be prepared to present evidence that you and your spouse are sharing your life together.
You will then be asked to provide the documents you brought to verify that they are valid and that you are eligible for a green card. Ensure that you thoroughly review the USCIS interview notice and bring along all of the requested documents to the interview.
If the interview is successful, the USCIS will approve you for permanent residence. You will receive your green card a few weeks after.
Immigration laws in the United States are ever-changing, and filing a petition for an adjustment of status involves several complexities. Understanding the eligibility requirements, filing your immigration petition, completing the required documentation, and attending the interview is challenging. If you’re trying to apply for an adjustment of status for your spouse or family member, consulting with experienced Massachusetts immigration law attorneys is important for detailed guidance.
At Corbaci Law, P.C., we are dedicated to guiding clients through the complicated procedures involved in adjustment of status applications. As your legal counsel, we can evaluate your personal situation, help you understand your available legal options, and determine the best course of action. Our attorneys will also help complete your application forms correctly, submit the supporting documents, and prepare you and your spouse for the adjustment of status interview. Our team will guide you throughout every step of the application process and help make the process of obtaining a green card as seamless as possible.
If you’re trying to apply for a green card through adjustment of status, contact us at Corbaci Law, P.C. today to schedule a one-on-one case assessment. Our experienced immigration attorneys can offer you the comprehensive legal counsel and advocacy you need to make important decisions. Our firm is proud to serve clients across Woburn, Boston, Marlborough, and Framingham, MA.