Family-Based Adjustment of Status

USCIS Information and Customer Service DivisionCustomer Assistance Office

Objectives•Review the Department of State Visa Bulletin

•Aging Out and Child Status Protection Act (CSPA)

•Provision for Keeping Families of U.S. citizens together when immigration process was initiated abroad (K3/K4 non immigrant)

•Phases of the Adjustment of Status Process

•Tips on How to Prepare for the Adjustment of Status Interview

Common Terms •Immigrant – Legal Permanent Resident

•Petitioner – Legal Permanent Resident or U.S. Citizen who files an I-130 Petition for Alien Relative

•Beneficiary – Intending Immigrant

•Nonimmigrant – In the USA in temporary legal status, e.g. student or tourist

Two Paths Lead to Permanent Residence

•Immigrate to the United States from abroad

•Adjust Status to Legal Permanent Resident (LPR) while in the United States

•Usually, applicant’s residence will determine whether to immigrate or adjust status

Form I-130, Petition for Alien Relative •Filed by U.S. citizen or Legal Permanent Resident

•Establishes relationship between petitioner & beneficiary

•Provides a “priority date” for those who are required to wait for a visa to become available

•Does NOT grant permission to work in the United States or to travel in and out of the United States.

•U.S. citizens living abroad, file I-130 with international USCIS office or American embassy or consulate if there is no USCIS office

•If residing in the United States, must file I-130 with service center nearest the petitioner’s place of residence

Notice of Action-Receipt # to track status at www.uscis.gov

-Priority date for those who are required to wait for visa

Customer Service Assistance by phone

Immediate Relatives of U.S. Citizen

•Spouse

•Children (under 21) and unmarried

•Parents of U.S. citizen ─ the U.S. citizen must be at least 21 years old to petition

•Visa immediately available - No need to wait to file for Legal Permanent Resident Status

Relatives of U.S. Citizen Required to Wait for Visa Availability•Married son or daughter of U.S. citizen

•Brother or sister of U.S. citizen

•Petitioner must be 21 years of age or older

All Relatives of Legal Permanent Residents Required to Wait for Visa Availability•Spouse

•Children ─ under 21 years of age and unmarried

•Unmarried son or daughter ─ If marries before becoming Legal Permanent Resident, I-130 Relative Petition is revoked or denied if still pending to be processed. However, if “petitioner” parent becomes U.S. citizen and then son/daughter gets married, the son’s / daughter’s I-130 is still valid.

Department of State Visa Bulletin - Issued monthly & reflects when visas become available- Dates move forward or backwards from month to month

Family All China─ India Mexico PhilippinesChargeability MainlandAreas ExceptBornThose Listed

Unmarried son/daughter of USC 1st 08 Aug 01 08 Aug 01 08 Aug 01 01Jan 9101 May 92

Spouse and children of LPR 2A 22 Jul 02 22 Jul 02 22 Jul 02 01 Nov 0122 Jul 02

Unmarried son/daughter of LPR 2B 08 Apr 98 08 Apr 98 08 Apr 98 08 Mar 9222 Oct 96

Married son/daughter of USC 3rd 01 Oct 99 01 Oct 99 01 Oct 99 08 Feb 88 01 Jan 85

Brother/sister of USC 4th 01 Nov 96 22 Jul 96 01 Mar 96 01 Feb 93 01 Mary 85- Sign up at http://travel.state.gov to receive monthly bulletins via email or

get visa availability by phone (202) 663-1541 - Questions regarding Visa Bulletin related items by E-mail at the following

address: VISABULLETIN@STATE.GOV

August Visa Bulletin - Mexican Legal Permanent Resident filed I-130 for his wife

& children on January 01, 2007 (priority date 01/01/2007)

Family All China─ India Mexico PhilippinesChargeability MainlandAreas ExceptBornThose Listed

Unmarried son/daughter of USC 1st 08 Aug 01 08 Aug 01 08 Aug 01 01Jan 9101 May 92

Spouse and children of LPR 2A 22 Jul 02 22 Jul 02 22 Jul 02 01 Nov 0122 Jul 02

Unmarried son/daughter of LPR 2B 08 Apr 98 08 Apr 98 08 Apr 98 08 Mar 9222 Oct 96

Married son/daughter of USC 3rd 01 Oct 99 01 Oct 99 01 Oct 99 08 Feb 88 01 Jan 85

Brother/sister of USC 4th 01 Nov 96 22 Jul 96 01 Mar 96 01 Feb 93 01 Mary 85- Family preference “2A” applies & visas now available for those with priority date before November 1, 2001

- This family will wait about 6 years before 01/01/2007 arrives.

August Visa Bulletin

Family All China─ India Mexico PhilippinesChargeability MainlandAreas ExceptBornThose Listed

Unmarried son/daughter of USC 1st 08 Aug 01 08 Aug 01 08 Aug 01 01Jan 9101 May 92

Spouse and children of LPR 2A 22 Jul 02 22 Jul 02 22 Jul 02 01 Nov 0122 Jul 02

Unmarried son/daughter of LPR 2B 08 Apr 98 08 Apr 98 08 Apr 98 08 Mar 9222 Oct 96

Married son/daughter of USC 3rd 01 Oct 99 01 Oct 99 01 Oct 99 08 Feb 88 01 Jan 85

Brother/sister of USC 4th 01 Nov 96 22 Jul 96 01 Mar 96 01 Feb 93 01 Mary 85

Form I-130 Priority Date is January 01, 2007

Waiting period: Child is 6 years

Aged Out = About 15 years

Child at “2A” reached 21st Birthday = Aged out & drops to “2B” category!

Child Status Protection Act (CSPA)•Signed into law on August 6, 2002

•Provides a formula that deducts time from an individual’s biological age.

•Time I-130 was pending is deducted from biological age to determine if individual may retain classification as a “child” & wait for visa is shorter

•Must file to become Legal Permanent Resident within one year from the time the priority date / visa becomes available.

•Example: child at “2A” preference may have reached 21st. B-day & dropped to “2B” category, but by deducting time I-130 was pending, individual may be considered “child” for immigration purposes & MAY remain at “2A” preference category

Requirements to Adjust Status•Need legal entry document for proof of being inspected and admitted, e.g.

– Passport with Visa, Border Crossing Card

– I-94, Arrival / Departure Record

•If no proof, person considered to have entered without inspection (EWI)

•EWI means no adjusting status in United States unless applicant is "grandfathered” per 245 (i) of Immigration and Nationality Act (INA)

“Grandfather” Guidelines – 245 (i)• Person is considered “grandfathered” if an I-130 was filed on their

behalf on or before 4/30/2001.

• Even if entry to United States was without inspection, out of status, or unlawfully present in the United States, may apply for waiver using section 245 (i) of INA

• Adjust Status in the United States, rather than returning to their home countries to immigrate from abroad.

– Avoid being barred for up to 10 years from becoming a Legal Permanent Resident

– To use 245 (i) waiver, use form I-485 Supplement “A” & pay fee of $1000.00

– No fee if 16 years old or younger, but MUST include I-485 Supplement “A” form

Example of Grandfather Guidelines•On 4/30/2001, Legal Permanent Resident filed an I-130 for his young daughter and priority date is about 5 years away

•While waiting for priority date, daughter marries U.S. citizen

•I-130 filed by parent dated 4/30/2001 will be paired with I-130 filed by her U.S. citizen husband in 2007

•Adjustment of Status package may be filed & applicant must remain in United States until process is complete.

Initiating Process Abroad & Completing Process in United States•K-3 and K-4 Nonimmigrant Visa allows the spouse or child of a U.S. citizen to be admitted to the United States and

–Await approval of I-130, Relative Petition, inside United States rather that abroad - keeps family together

–May apply for Employment Authorization Document

–When I-130 is approved, may file for Adjustment of Status and complete Legal Permanent Residence process while in the United States

Applying for K-3 and K-4 Nonimmigrant Visa•Form I-129F has DUAL purpose & may be used to Petition Petition for Alien Fiancé or for K3/K4 for relative of U.S. citizen

•File I-129F, Petition for Alien Fiancé, with receipt for I-130 by mail to Chicago Lock Box.

•Request that the approved Form I-129F, Petition for Alien Fiancé, be forwarded to the American embassy or consulate located in the country in which the marriage to the U.S. citizen took place.

•An unmarried child (less than 21 years old) of a person who is eligible for a K3 visa may be granted a K4 visa

Adjustment of Status Package•Legal Entry Documents or I-485 Supplement A, and $1,000 fee if using 245 (i) waiver (grandfathered)

•I-130, Petition for Alien Relative, or Approval Notice

•I-485, Adjustment of Status Application

•I-693, Medical Exam and Supplemental

•I-864, Affidavit of Support

•I-765, Employment Authorization

•I-131, Application for Advance Parole – See Travel Advisory

Background Security Checks• Background security checks required for all applicants

• Performed by various government agencies

• Must be completed before USCIS renders a decision

• Expedite FBI Name Check for special cases as listed1) Military Deployment2) Age-Out cases not covered by CSPA3) Significant & Compelling Reasons, e.g. medical

conditions4) Loss of Social Security Benefits or other subsistence

Biometrics•While case is pending, will

receive appointment to visit Application Support Center (ASC)

•ASC will capture photo, fingerprints, and signature

•Fingerprint data to check for prior arrests

•Data used to make secure documents include …

– Employment Authorization Card

– Legal Permanent Resident card

At the Interview

•Bring original documents and English translation, if necessary

–Birth certificates

–Marriage / Divorce decrees

–Decree of name change

•Prior arrests

–For each arrest, provide original court certified documents to show final outcome of the case, include information for sealed or expunged records

If Married LESS than 2 years•Bring documents to show couple lives together–Utility bills–Rental / Mortgage statement

– Insurance records– Birth certificates of couple’s children

•Provide copies ─ these stay in the file!

•If approved, card arrives in about 14 days

Petition to Remove Conditions on Permanent Residency, I-751

•If case approved prior to couple’s 2nd. Wedding Anniversary, Legal Resident card (green card), will be valid for only 2 years as “Conditional” Resident status was granted.

•File I-751 up to 90 days prior to expiration of Legal Permanent Resident card and include items to show marital relationship is/was legitimate, e.g.

– Utility bills, Mortgage statement– Insurance records, photos of couple together– Birth certificates of couple’s children, if any

• Current Legal Resident Status is extended for one year to allow USCIS to process I-751