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Family-Based Adjustment of Status

Family-Based Adjustment of Status

Family-Based Adjustment of Status to Lawful Permanent Resident

When an individual meets all the necessary requirements and inspections upon admittance, has no inadmissibilities, and has a current Petition, the Immigration and Nationality Act (INA) allows him or her to transfer from temporary immigration status (nonimmigrant) to permanent immigration status (immigrant). The process involves the granting of a green card, which grants lawful permanent residence. The term used for this transformation is called adjustment of status (or AOS), and many people obtain their permanent status through a family-based adjustment of status. This is a complicated aspect of the law, and because it is a matter of immense significance, working closely with an experienced California immigration attorney is well-advised.

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Immigration through AOS

Eligible people who are already in the United States can obtain a green card through AOS without the need to return home for consular visa processing. When a family member who is a citizen of the United States is able to file a petition on an immigrant’s behalf, the immigrant can often proceed with an application without experiencing a waiting period. Those immediate family members if U.S. Citizens who are able to benefit from AOS filings include:

  • Spouses
  • Children who are not yet 21
  • Parents of citizens who are over the age of 21

In order to help a family member immigrate to the U.S., one of the following must apply:

  • You are a citizen of the United States
  • You are a permanent resident of the United States, which means that you have a green card
  • You are a refugee who entered the U.S. as a refugee within the two years prior
  • You are a refugee who was granted asylee status within the two years prior

Adjustment of Status through Marriage

If the adjustment of status you are pursuing is based on marriage, the government will require you to demonstrate that it is a marriage you both entered into in good faith, which means not a sham marriage that you devised for immigration purposes. Basic proof can include all the following:

  • Proof that you actually live together, including evidence such as a lease or deed in both your names, utilities in both your names, and mail in both your names
  • Evidence of joint financials, including bank accounts, insurance, and credit cards in both your names
  • Photos capturing your lives together, including wedding pictures, pictures from your honeymoon, birthday snaps, and more
  • The birth certificates of any children you share
  • Correspondence between the two of you that indicates the closeness of your relationship, that references your marriage, and more (this can include texts, emails, and letters from your courtship and beyond)
  • Proof that you have traveled together, including photographs, airline and/or train tickets, hotel reservations, and more)
  • Letters of reference vouching for your marriage from people who know you well
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You Need an Experienced California Immigration Attorney in Your Corner

The seasoned California immigration attorneys at Miranda, Magden & Miranda, LLP, are well acquainted with complex family-based adjustment of status to lawful permanent resident cases – and are well prepared to help. To learn more, please don’t hesitate to reach out and contact us today.

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