To begin with, you must be an immediate relative of a US citizen. This means you’re a spouse, parent (if the child is over 21), or child (if you’re under 21 and unmarried) of someone who was born in the United States or was naturalized to become a US citizen.
Second, you must have come to the US legally. This means you came in through customs and were inspected.
If these categories apply to you, you could be eligible for adjustment of status and apply for a green card. This means you would submit an I-485 along with your sponsor’s (citizen family member’s) I-130. Your sponsor will also have to prove that they can support you, or you can get a substitute sponsor.
You generally need proof of your sponsor’s citizenship and copies of identification documents such as your passport, birth certificate, and other important documents. If these are in a foreign language, you need to get an official translation. There are a host of other financial and official documents you will need.
Traveling outside the U.S. while your adjustment of status application is pending can be risky. If you leave the country without obtaining advance parole, your application may be considered abandoned. It’s important to consult with an immigration attorney before making any travel plans during this time.
If your application for adjustment of status is denied, you will receive a notice explaining the reasons for the denial. You may have options to appeal the decision or reapply, depending on the circumstances of your case. Consulting with an immigration attorney can help you understand your options and the best course of action.
Most applicants for adjustment of status will be required to attend an interview with a USCIS officer. During this interview, you will be asked questions about your application and background. It’s important to prepare thoroughly for this interview, and having an immigration attorney present can be beneficial.
Common reasons for denial include failure to meet eligibility requirements, lack of sufficient supporting documentation, issues related to criminal history, or discrepancies in information provided during the application process. Ensuring that all documentation is complete and accurate can help reduce the risk of denial.