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