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Adjustment of Status for Immediate Relatives

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Excellent service provided by Julia for immigration related issue. She is very trustworthy and reliable. She makes sure that she spends enough time to understand your issue and will help without any other intention. She seems to be very experienced lawyer. Really amazed with the way she helped us and provided the best solution to us.

Pricing

initial consultation $100

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* Our representation includes the preparation and filing of all applications and supporting documentation necessary to adjust your status to become a lawful permanent resident. This includes personalized preparation for your adjustment interview.

Overview

As a general rule, foreign nationals who have a way to immigrate to the US, and would like to obtain a green card to live and work in the United States, must apply for a visa at a US embassy or consulate abroad.

An Adjustment of Status is an application filed by the foreign national who is physically present in the United States to obtain lawful permanent residency, either through a family or employment petition.

Benefits

  • Complete the residency process while remaining in the U.S. with your family
  • Avoid Consular Processing
  • Obtain your residency the quickest way possible

Eligibility

Who can apply for adjustment of status?

There are generally three categories of aliens who can adjust status in the US:

  • The applicant must be residing inside the United States;
  • Immediate relatives whose last entry was with inspection OR fall under the protection of 245(i);
  • Non-immediate relatives who have visas that are currently available whose last entry was with inspection OR fall under the protection of 245(i)
  • Certain employment-based visa holders or investors who are in the U.S. and have not been unlawfully present for more than 180 days and have not worked illegally; and
  • Immigrants who entered on a K-1 fiancé visa and subsequently married their US citizen spouse within 90 days of entry.

Who are Immediate Relatives? A U.S. citizen may petition certain qualified relatives to live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s:

  • Spouse;
  • Unmarried child under the age of 21 (including step-children); and
  • Parent (if the U.S. citizen is at least the age of 21).

Immediate relatives have a special immigration priority and do not have to wait in line for a visa number to become available, as there is no annual limit for these types of visas. Immediate relatives can obtain their residency in as little as 4 months!

How do I know if I am protected under 245(i)? Section 245(i) of the LIFE Act allows certain persons, who have an immigrant visa immediately available but entered without inspection to apply for adjustment of status if they pay a $1,000 penalty.

To be eligible for 245(i) protection, you must:

  • Be the beneficiary of Form I-130, I-140, I-360 or I-526 filed on or before April 30, 2001, OR
  • Be the beneficiary of an application for labor certification filed with the Department of Labor on or before April 30, 2001, and
  • Also have been physically present in the United States on December 21, 2000 if the petition was filed after January 14, 1998.

Note that if you fall under the protection of section 245(i) but left the United States, you may have triggered the 3 or ten-year ban. Please discuss this this important issue with your attorney.

Process

Green card applicants wishing to complete an adjustment of status in the U.S. must file Forms I-130, I-485, G-325, I-765, I-131, and I-864, among others. After the forms and application packet is submitted, the applicant will receive Form I-797, Notice of Action, which verifies USCIS has received your forms and government filing fees. Approximately 6-8 weeks later you will receive your ASC biometrics appointment. At this appointment USCIS will take you fingerprints for a background check. At approximately 12-14 weeks the applicant will receive an Employment Authorization Document and Travel Permit. Approximately 4 months after submitting the application for adjustment of status the applicant will receive his or her interview notice. A decision may be made a the time of the interview or shortly thereafter. After approval, the lawful permanent residency card (green card) is mailed to the applicant’s mailing address.

Why Choose ImmigrateFast

Why Hire ImmigrateFast.com?

Our immigration attorneys are some of the best. Not only are we experienced and knowledgeable, we are passionate about protecting the rights of immigrants and their families and welcoming new U.S. Citizens!

Immigration law is one of the most complex areas of law. Having ImmigrateFast.com represent you will ensure that your case is handled correctly. Anyone can fill out forms; very few are able to correctly analyze an immigration case. Mistakes can be very costly – you may lose time, money, and the opportunity to live securely with your family.

Our attorneys are completely dedicated to the filed of immigration, and that has enabled us to become experts. In fact, we have a reputation for successfully handling very complex cases. We have been successful in thousands of cases and have earned an "A" with the Better Business Bureau.

Some other notable reasons are:

Value. We believe all individuals and companies deserve to receive high-quality representation at an affordable cost. We offer flat-fee pricing with no hidden fees. At Cueva & Associates, you will never be surprised when you see your bill.

Technology. We use the latest legal technologies and resources. We have access to the latest decisions and have connections to industry experts. Furthermore, we have a comprehensive online database where clients can log in to access information on their case detailing every step taken. With Cueva & Associates, you will never be left wondering, “what is my attorney doing?”.

Personal Service. We take our clients seriously. We listen to their concerns and advice them accordingly. We answer phone calls and emails promptly. We treat our clients with the highest level of respect and professionalism.

Hire us, and we will get it right the first time!

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Adjustment of Status for Immediate Relatives Our Law Firm Typical Law Firm
Price * $0 $3,500
Includes Full Representation Yes No
Flat-Fee Contracts Yes No
Zero Interest Payment Plans Yes No
Price-Match Yes No
24-Hour Case Status Updates Yes No
Specialize in Immigration Yes No
Top-Rated Attorneys Yes No
Award-Winning Customer Service Yes No

* Our representation includes the preparation and filing of all applications and supporting documentation necessary to adjust your status to become a lawful permanent resident. This includes personalized preparation for your adjustment interview.

Frequently Asked Questions

Besides petitioning for immediate relatives, who else can U.S. citizens petition for?

In addition to petitioning for immediate relatives, U.S. citizens may also petition for the following relatives:

  • Unmarried sons or daughters over the age of 21;
  • Married sons or daughters of any age; and
  • Brothers or sisters (if the U.S. citizen is at least 21 years old).

Unlike immediate relatives, however, these relatives are not given the same priority and must wait for a visa to become available. There is also a cap on the number of visas that may be granted for these relatives each year.

Rather, these relatives are given what is called preference. There are four family-based preference categories. Three of those preference categories are designed for relatives of U.S. Citizens. Meanwhile, one family preference category is reserved for immediate relatives and unmarried adult children of Legal Permanent Residents (LPRs). When a petition is filed for a non-immediate relative, that relative is assigned to his or her corresponding preference category. For example, petitions for unmarried sons and daughters of U.S. citizens are given first preference. Currently, there is a limit of 23, 400 visas per year available for relatives eligible under the first preference category. Petitions for married sons or daughters of U.S. citizens are given third preference. The number of visas that can be granted annually to relatives under the third preference category is also 23, 400. Finally, petitions for brothers and sisters of U.S. citizens are given the fourth preference. In order to petition for a sibling, the U.S. citizen must be at least 21 years of age. The number of visas available for siblings of U.S. citizens is capped at 65,000 per year.

These preference categories also allow the spouse and/or minor children of the main relative beneficiary to be included in the petition. Once the priority date has been reached, your relative’s immediate relatives may apply for their visas simultaneously. However, their inclusion is added toward the cap of visas granted for that year.

Because there are generally more applicants than visas available, an immigration wait is created. When a petition is filed for any of the family-based category preference relatives, the beneficiary is given what is called a priority date. The priority date is the date the petition was filed. Visas are then awarded chronologically according to the priority and when priority date is reached. The beneficiaries of family preference petitions could wait years for the priority date to be reached. For this reason, petitioners and beneficiaries must be aware of their priority date and review the monthly Visa Bulletin from the Department of State regularly to verify if a visa has become available.

The application process for other relatives is similar to that for Immediate Relatives. To begin the process, the petitioner first files a Form I-130, Petition for Alien Relative and the required documentation and fees with the Department of Homeland Security, U.S. Citizenship and Immigration Services. If the relative is present in the United States, he or she may be eligible for adjustment of status. If not eligible for adjustment of status, the relative will be referred to the appropriate consulate or embassy to complete processing of his or her application. For relatives outside the United States, their visa will be processed through the appropriate consulate or embassy. Once the visa is approved, the relative may travel to the U.S. and become admitted through a U.S. port of entry.

I want to petition for multiple relatives. Do I file a separate petition for each relative?

Yes. File a Form I-130, Petition for Alien Relative for each relative you want to sponsor.

Am I required to file an affidavit of support for each relative for whom I file a petition?

Yes. As the petitioner you are obligated to financially support your relative when he or she immigrates. An Affidavit of Support (Form I-864) is required for each relative. If you do not meet the income requirements, a co-sponsor will be necessary. Consult one of our attorneys of to determine if you meet the income requirements for the affidavit of support.

Read more FAQ about our Adjustment of Status for Immediate Relatives service.