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Marriage Based Green Card Petition

Am I Eligible for Family Based Adjustment of Status (AOS)?

To determine your eligibility for family-based adjustment of status, you need to assess your specific family relationship, the visa category under which you may qualify, and your current lawful status in the US. The eligibility criteria vary based on the specific family preference category. Here are the general eligibility requirements for common family-based adjustment of status categories:

  1. Immediate Relatives of U.S. Citizens (IR-1, IR-2, IR-5):
    • Spouses (IR-1): You may be eligible if you are the spouse of a U.S. citizen.
    • Unmarried Children under 21 (IR-2): You may be eligible if you are the unmarried child under 21 of a U.S. citizen.
    • Parents (IR-5): You may be eligible if you are the parent of a U.S. citizen who is 21 years old or older.
  2. Family Preference Categories (F1, F2A, F2B, F3, F4):
    • F1 – Unmarried Sons and Daughters of U.S. Citizens: You may be eligible if you are an adult, unmarried son or daughter of a U.S. citizen.
    • F2A – Spouses and Children of Permanent Residents: You may be eligible if you are the spouse or unmarried child (under 21) of a lawful permanent resident.
    • F2B – Unmarried Sons and Daughters (21 years and older) of Permanent Residents: You may be eligible if you are an adult, unmarried son or daughter (21 years or older) of a lawful permanent resident.
    • F3 – Married Sons and Daughters of U.S. Citizens: You may be eligible if you are a married son or daughter of a U.S. citizen.
    • F4 – Brothers and Sisters of Adult U.S. Citizens: You may be eligible if you are a brother or sister of a U.S. citizen who is 21 years old or older.

Note that unless you are an Immediate Relative as stated above, you must be in a lawful status in the US at the time of filing Form I-485 and based on the Visa Bulletin you are eligible to file for AOS.

What documents do I need to file for family-based adjustment of status?

The specific documents required for family-based adjustment of status can vary based on the individual’s circumstances, the family relationship, and the specific adjustment category. However, here’s a general list of documents commonly required for family-based adjustment of status:

  1. Form I-485, Application to Register Permanent Residence or Adjust Status:
    • The primary form for applying for adjustment of status.
  2. Form I-130, Petition for Alien Relative:
    • Receipt notice ( Form I-797) of the immigrant petition filed by the sponsoring family member on behalf of the beneficiary. Note that if you are an immediate relative of the petitioner, you can file I-130 and I-485 together.
  3. I-129F, Petition for Alien Fiancé(e):
    • Receipt notice ( Form I-797) of  the fiancé petition form I-129F.
  4. Form I-864, Affidavit of Support:
    • A completed Form I-864, submitted by the sponsoring family member to demonstrate financial support for the beneficiary.
  5. Form I-765, Application for Employment Authorization (optional):
    • If the beneficiary wishes to work while the adjustment of status application is pending.
  6. Form I-131, Application for Travel Document (optional):
    • If the beneficiary needs to travel outside the U.S. while the adjustment of status application is pending.
  7. Passport-style Photos:
    • Recent passport-sized color photos of the beneficiary.
  8. Copy of Passport:
    • Copy of the beneficiary’s passport biographic page and any pages containing U.S. visa stamps or markings.
  9. Copy of Birth Certificate:
    • A copy of the beneficiary’s birth certificate, with a certified translation if not in English.
  10. Marriage Certificate or Evidence of Relationship (if applicable):
    • If the adjustment is based on a marriage relationship, provide a copy of the marriage certificate or evidence of the relationship.
  11. Divorce or Death Certificates (if applicable):
    • If the beneficiary was previously married, provide divorce decrees or death certificates to establish the end of prior marriages.
  12. Proof of Legal Entry (if applicable):
    • Documents proving that the beneficiary was inspected and admitted or paroled into the United States.
  13. Form I-94, Arrival/Departure Record:
    • Copy of the beneficiary’s I-94 record, if applicable.
  14. Proof of Relationship (for Family Members):
    • Proof of the qualifying family relationship, such as birth certificates, marriage certificates, or adoption documents.
  15. Medical Examination (Form I-693):
    • A completed medical examination by a USCIS-approved civil surgeon. This form must be in a sealed envelope and is typically submitted with the application.
  16. Affidavit of Support Documents:
    • Supporting financial documents for the Form I-864, such as tax returns, W-2s, pay stubs, and bank statements.

This list is not exhaustive, and the specific documents you need may vary based on the circumstances of your case. Always refer to the most current USCIS instructions and consult with an immigration attorney or professional for personalized guidance based on your situation.

Related Important links

For detailed information on the different types of family visas, refer to the following links:

(1) Spouse Visas (marriage visas)
(2) K1 Finance Visas
(3) Family Petition for parents, children, and siblings
(4) CSPA – Children’s age-out 

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance

After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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