American citizens and lawful permanent residents may be eligible to obtain a green card for their non-U.S. citizen spouses and other family members who came into the United States legally through adjustment of status. This requires the U.S. citizen spouse to file a petition on behalf of their non-U.S. citizen spouses or family members seeking adjustment of their immigration status.
If you want to understand your rights regarding adjustment of status based on marriage to a U.S. citizen, consulting with a knowledgeable Maryland immigration attorney is crucial for detailed guidance. At The Anyere Law Firm, LLC, we are committed to offering experienced legal guidance and reliable advocacy to clients in immigration law and adjustment of status-related matters.
As your legal counsel, we can evaluate your unique situation and help you understand your possible legal options. Also, our skilled attorney can help complete your forms and walk you through every legal step involved from start to finish.
The Anyere Law Firm, LLC proudly serves clients in Greenbelt, Maryland, and surrounding areas throughout Prince George's County.
Understanding Adjustment of Status
Adjustment of status is the legal process that allows a U.S. citizen's or green card holder's foreign-born spouse or family member – currently residing in the United States – to be eligible for a green card (lawful permanent resident card). As a U.S. citizen or lawful permanent resident, you can obtain a green card for your non-U.S. citizen spouse or loved one without any need for the beneficiary to return to their home country to apply for a visa.
Who is Eligible for Adjustment of Status?
In order to be eligible for an adjustment of status, the intending immigrant or nonimmigrant beneficiary must meet the following basic requirements:
- They must be physically present in the United States.
- They must have arrived in the United States lawfully.
- There must be an immigrant visa instantly available to them.
- An experienced attorney can determine your eligibility for adjustment of status and enlighten you about how the 90-day rule might affect your application.
The 90-Day Rule
According to the 90-day rule, a nonimmigrant visa holder is automatically presumed to have committed fraud or misrepresentation if they do the following within 90 days of entering the U.S.:
- Marries a U.S. citizen or green card holder, or
- File an application for adjustment of status.
Hence, as a nonimmigrant, it is advisable that you shouldn't marry an American citizen or try to adjust your status within your initial 90 days of entry into the United States. A skilled immigration attorney can determine the right time to apply for an adjustment of status and walk you through the entire process.
The Adjustment of Status Process
If you are considering filing for an adjustment of status on behalf of your non-U.S. citizen spouse, here are the step involved:
- Complete and submit Form I-485, Application to Register Permanent Residence or Adjust Status, to the USCIS on behalf of your non-U.S. citizen spouse.
- Complete and submit Form I-130, Petition for Alien Relative, to the USCIS on behalf of your foreign-born spouse.
- File the Affidavit of Support on Form I-864.
- Submit other supporting documents required to complete the application.
- Your non-U.S. citizen spouse will undergo a medical examination through a USCIS-approved doctor.
- Include the medical records and result in the adjustment of status paperwork or documentation. The doctor's signature should be within the past 60 days prior to the application.
Once the application has been processed, your non-U.S. citizen spouse will:
- Attend a fingerprinting appointment.
- Attend the adjustment of status interview. You can attend the interview with your spouse.
A knowledgeable Maryland adjustment of status attorney can help complete and file the necessary paperwork, prepare you and your spouse extensively for the interview, and make the entire process as streamlined as possible.
Adjustment of Status Interview
The adjustment of status interview is the ultimate step in the application process. The interview with the U.S. Citizenship and Immigration Services (USCIS) often takes between 20 and 30 minutes. However, you may need to wait longer before it reaches your turn. During the interview, the USCIS officer will:
- Swear you in.
- Check your photo identification.
- Go through your file and documentation.
- Ask questions based on the details provided in the forms and documents submitted.
- Ask questions to verify that your relationship is genuine and you entered the marriage in good faith.
- Ask you to provide documents verifying the validity of your application and your eligibility for a green card.
Before attending the adjustment of status interview, it is imperative that you review the USCIS interview notice thoroughly. Also, come along with all requested documents. If the interview is successful, your permanent residence status will be approved by the USCIS. Your green card will be available to you within a couple of weeks. An experienced attorney can coach you intensively for the interview, help gather the required documentation, and improve your chances of a successful application.
Work With a Skilled Immigration Law Attorney
United States immigration laws and rules are ever-dynamic and constantly changing. Filing a petition for an adjustment of status often involves a lot of complex procedures. Getting detailed guidance is crucial to understanding the eligibility requirements, filing your immigration petition, completing the necessary documentation, and attending the adjustment of status interview. A skilled immigration law attorney can guide you through the entire process and make your immigration application as seamless as possible.
At The Anyere Law Firm, LLC, we have the resources and expertise to assist and guide clients in their adjustment of status applications. Having us on your side can help improve your chances of a successful green card application through adjustment of status.
Adjustment of Status Attorney Serving Greenbelt, Maryland
If you're trying to apply for a green card through adjustment of status, contact The Anyere Law Firm, LLC today to schedule a simple consultation. Our skilled attorney can offer you the personalized legal counsel and dedicated advocacy you need to navigate crucial decisions. We're proud to serve clients in Greenbelt, Maryland, and surrounding areas throughout Prince George's County.