Understanding Adjustment of Status for Family Members to Obtain a Green Card in the USA

Adjustment of status, also known as filing Form I-485, is one of the final stages in the journey to secure a Green Card for your family member. This process permits family members of U.S. citizens and lawful permanent residents to apply for permanent residency without having to leave the United States. The convenience of this process cannot be overstated, as it helps avoid the need for travel and the potential separation of family members during the visa application period. Contrarily, for those family members who are outside the United States, consular processing is required, requiring a visit to a U.S. embassy or consulate abroad to apply for a visa.

Eligibility Criteria for Adjustment of Status (I-485)

To apply for adjustment of status and become a lawful permanent resident, applicants must meet specific eligibility criteria.

Immediate Relatives

Immediate relatives of U.S. citizens have a distinct advantage in the adjustment of status process due to their priority in the immigration system. These include:

• Spouses of U.S. citizens.
• Unmarried children under 21 years of age of U.S. citizens.
• Parents of U.S. citizens, provided the citizen is at least 21 years old.

Immediate relatives do not have to wait for a visa number to become available, making the process faster compared to other categories.

Family Preference Categories

Family members who fall into the family preference categories are also eligible to apply for AOS, but they may face longer waiting periods due to annual numerical limits. These categories include:

• First Preference (F1): Unmarried sons and daughters (21 years or older) of U.S. citizens.
• Second Preference (F2A): Spouses and children (unmarried and under 21) of lawful permanent residents.
• Second Preference (F2B): Unmarried sons and daughters (21 years or older) of lawful permanent residents.
• Third Preference (F3): Married sons and daughters of U.S. citizens.
• Fourth Preference (F4): Brothers and sisters of U.S. citizens, provided the citizen is at least 21 years old​.

Other eligibility requirements for filing Form I-485

• Applicants must have entered the U.S. legally, either through inspection, admission, or parole.
• Visa must be available at both Form I-485 filing and final decision stages, based on the Visa Bulletin and priority date.
• Applicants must pass background checks, medical exams, and avoid disqualifying criminal or immigration violations.
• Specific conditions apply based on the applicant's situation, such as expedited naturalization for spouses of U.S. service members and demonstrating financial self-sufficiency or adequate sponsorship under the Public Charge Rule.

Required Documentation for Form I-485

To apply for Adjustment of Status, the following documents are typically required:

• Form I-485: Application to Register Permanent Residence or Adjust Status.
• Form I-130: Petition for Alien Relative, filed by the sponsoring U.S. citizen or LPR family member. If petitioner is sponsoring a spouse, Form I-130A, Supplemental Information for Spouse Beneficiary must be filed
• Proof of Lawful Entry: Copies of Form I-94, passport stamps, or other documentation showing legal entry into the U.S.
• Medical Examination: Form I-693, Report of Medical Examination and Vaccination Record.
• Proof of Relationship: Marriage certificate, birth certificate, or other evidence proving the familial relationship.
• Financial Support: Form I-864, Affidavit of Support, demonstrating that the sponsor can financially support the applicant. This is one of the most important parts of the immigration application. Find out what documents can be accepted as a petitioner's proof of income in the Affidavit of Support checklist.

The Application Process

1. File Form I-130: The sponsoring family member files Form I-130 to establish the qualifying relationship.
2. File Form I-485: Once the Form I-130 is approved and a visa is available, the applicant files Form I-485. In some cases, concurrent filing of both forms is allowed.
3. Biometrics Appointment: Applicants will be scheduled for a biometrics appointment to provide fingerprints, photos, and signatures.
4. Interview: USCIS may require an interview to verify the information provided and assess the authenticity of the relationship.
5. Receive Decision: After the interview and review of the application, USCIS will make a decision. If approved, the applicant will receive a Green Card.

Understanding visa availability and priority dates is important for applicants in family preference categories. The Department of State publishes the Visa Bulletin, indicating when immigrant visas are available for each category. Applicants must regularly check this bulletin to determine if a visa is accessible based on their category and priority date, which is determined by the filing date of Form I-130. Once their priority date becomes current as per the Visa Bulletin, applicants can proceed with the Adjustment of Status process. After submitting the Adjustment of Status application, USCIS reviews it and may request additional evidence or schedule an interview. It's important for applicants to promptly respond to any Requests for Evidence (RFEs) to avoid processing delays. RFEs commonly ask for further documentation regarding relationships, finances, or medical exams. Upon completing the review process, USCIS will issue a final decision. Approved applicants will receive their green card by mail, while denials come with instructions for appealing or reapplying.