Green Card through Adjustment of Status
We help individuals in the United States obtain Green Cards through qualifying family members. To be eligible to apply for a Green Card, a foreign national must be sponsored by a qualifying family relative who is at least 21 years of age and is either a U.S. Citizen or a U.S. Lawful Permanent Resident.
The Process of Applying for a Green Card in the United States
The Adjustment of Status Application comprises two parts, the I-130 Petition for Alien Relative, filed by the sponsoring relative, and the I-485 Application to Register Permanent Residence or Adjust Status (Green Card application), filed by a foreign national applicant.
Immigrant visas for immediate relatives (spouses, children under 21, and parents) of U.S. citizens are always unlimited. In those cases, both I-130 and I-485 can be filed concurrently, and there is no waiting time.
Other family-based green card categories, such as brothers and sisters of U.S. citizens and spouses of Lawful Permanent Residents, have a limited number of immigrant visas issued each year. This means that applicants under these categories will first need to file the I-130 Petition and, once approved, wait for the “priority date” (the filing date of the I-130 Petition) to become current under their visa category. Only then can they apply for their Green Card. (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html)
Forms and Documents
When filing the Green Card Application, you must provide information about your family, address, and employment history. You will also need to provide certain documents, including your birth certificate, passport, children’s birth certificates, and I-94 admission form.
In addition to the above, you will also need to submit the following forms:
I-864 Affidavit of Support, filled by the petitioner and supported with the required financial documents;
I-765 Request for Employment Authorization; and
I-693 Report of Medical Examination and Vaccination Record.
After USCIS receives the application, it will issue a receipt notice. The receipt notice date is the priority date for the Green Card application. You will also be able to use the receipt number to keep track of your case status on USCIS’s portal.
Biometrics and Interview
The next step in the application process will be a biometrics appointment at the USCIS office closest to your home. Make sure to follow the instructions on the appointment notice.
If USCIS does not require additional evidence (in which case they will send you a request detailing the needed additional information), you will get an interview notice. The notice will include the time and place of the interview and the list of documents that you will need to bring to the meeting. For more information on the Green Card Interview: https://www.rsbilaw.com/post/preparing-for-your-green-card-interview-after-covid-19.
If the interviewing officer finds you eligible for adjustment of status, you will receive the approval notice and your Green Card in the mail.
If you would like to learn more about this topic, please get in touch with our office.