How Can Parents of U.S. Citizens Navigate the Adjustment of Status Process?
For parents of U.S. citizens, adjusting status to become a lawful permanent resident is an important step toward securing a stable future in the United States. This process allows eligible individuals to apply for a green card without leaving the country, provided they meet certain requirements.
However, managing the adjustment of status process can be challenging, especially with strict immigration laws and complicated documentation requirements.
At M Mathew Law Firm, PLLC in Dallas, Texas, I understand how important it is for families to stay together, and I'm here to guide parents through every step of the adjustment of status process.
As an immigration law attorney, I work closely with clients to help them understand eligibility requirements, gather necessary documentation, and avoid common pitfalls that could delay or jeopardize their case. Read on for more information about how parents of U.S. citizens can successfully manage this process.
Eligibility Requirements for Adjustment of Status
Before applying for adjustment of status, parents of U.S. citizens must confirm that they meet the eligibility requirements. The primary condition is having a U.S. citizen child who is at least 21 years old, as only adult citizens can petition for their parents. Additionally, the parent must have entered the U.S. legally and be physically present in the country at the time of applying.
An immigration law attorney can help determine whether any past immigration violations or criminal history could impact eligibility. Factors such as unauthorized stays, visa overstays, or prior removal orders may complicate the process. However, waivers may be available for certain inadmissibility issues, allowing parents to move forward with their application.
Understanding these eligibility criteria is crucial before proceeding with the adjustment of status application. Once eligibility is confirmed, the next step involves properly filing the necessary forms and gathering supporting documentation.
Filing Form I-485 and Supporting Documents
The key form in the adjustment of status process is Form I-485, Application to Register Permanent Residence or Adjust Status. This form is submitted to U.S. Citizenship and Immigration Services (USCIS) along with various supporting documents to establish eligibility.
Some key documents to include are:
Proof of U.S. citizen child’s status – A copy of the child's birth certificate, U.S. passport, or naturalization certificate is required to verify the parent’s eligibility.
Proof of lawful entry – A copy of the parent’s I-94 arrival/departure record, visa, or passport stamp must be included to show legal entry into the U.S.
Affidavit of Support (Form I-864) – The U.S. citizen child must submit this form to demonstrate that they have sufficient financial means to support their parent and prevent them from becoming a public charge.
Medical Examination Report (Form I-693) – A USCIS-approved doctor must complete this form to confirm the parent meets the required health standards for immigration.
Evidence of relationship – Additional documentation, such as family photos, letters, or affidavits, can help establish a genuine parent-child relationship.
Submitting a complete and accurate application package is essential for avoiding delays or requests for additional evidence. Once Form I-485 is filed, applicants must prepare for the next steps, including biometrics appointments and interviews.
Biometrics Appointment and Background Checks
After submitting Form I-485, the next step in the adjustment of status process is attending a biometrics appointment. USCIS requires applicants to provide fingerprints, a photograph, and a signature to conduct background checks. This appointment is typically scheduled at a local Application Support Center.
An immigration law attorney can help parents understand what to expect during this stage and address any concerns related to past immigration or criminal history. USCIS uses biometrics to check for any prior violations or inadmissibility issues that could affect the case. Once the background check is complete, the applicant will be scheduled for an interview.
Preparing for the interview is crucial, as it’s one of the most important steps in the adjustment of status process. Applicants should be ready to answer questions about their relationship with their U.S. citizen child and their immigration history.
Preparing for the Adjustment of Status Interview
The adjustment of status interview is a critical step in the process, as USCIS officers use it to verify eligibility and confirm the details of the application. Parents should arrive prepared with all required documents and be ready to answer questions about their relationship with their child and immigration history.
An immigration law attorney can provide guidance on how to approach the interview, making sure that parents feel confident and prepared. Common questions may include details about the parent's entry into the U.S., their living situation, and their child's background.
USCIS officers will also review the applicant’s medical examination and financial support documents during the interview.
Providing honest and consistent answers is essential to avoid any issues that could result in delays or denials. After the interview, USCIS may issue a decision immediately or request additional evidence before making a final determination.
Common Reasons for Delays or Denials
While many adjustment of status applications are approved without issues, some cases face delays or denials due to various reasons. Some common challenges include:
Incomplete applications – Missing documents or incorrect forms can lead to delays and requests for additional evidence.
Public charge concerns – If USCIS believes the applicant may rely on government assistance, the application could be denied unless sufficient financial support is demonstrated.
Immigration violations – Prior unlawful presence, visa overstays, or deportation orders may require waivers before an adjustment of status can be approved.
Criminal history – Certain criminal offenses can make an applicant ineligible for a green card, though waivers may be available in some cases.
Failure to attend appointments – Missing the biometrics appointment or interview can result in application denial unless rescheduled promptly.
Addressing these issues early with the help of an immigration law attorney can increase the chances of a successful outcome. If an application is denied, parents may still have options for appeal or reapplying with additional documentation.
Travel Restrictions and Work Authorization During the Process
Parents applying for adjustment of status should be aware of travel and work restrictions while their application is pending. Leaving the U.S. without advance parole can result in an automatic abandonment of the application.
An immigration law attorney can assist in applying for advance parole, which allows applicants to travel outside the U.S. without jeopardizing their case. Additionally, parents can apply for work authorization (Form I-765) while waiting for their green card, allowing them to seek employment legally.
Once an application is approved, parents can move forward with their new status and begin planning for the next steps in their immigration journey.
Next Steps After Approval
Receiving approval for adjustment of status is a major milestone, but there are still important steps to take after obtaining a green card. New permanent residents should understand their rights and responsibilities, including travel restrictions and renewal requirements.
An immigration law attorney can help parents prepare for future steps, such as applying for U.S. citizenship when eligible. Maintaining a clean record and following all immigration laws will be crucial for those who eventually wish to become naturalized citizens.
Assuring compliance with residency requirements and avoiding prolonged trips outside the U.S. will also help protect their new status.
By taking these steps, parents can secure a long-term future in the United States and enjoy the benefits of lawful permanent residency. For those who encounter any legal complications, seeking legal guidance early can prevent future issues.
Contact an Immigration Law Attorney Today
As an experienced immigration law attorney, I serve clients throughout Dallas, Richardson, Lewisville, Irving, Farmers Branch, Grand Prairie, Garland, and Mesquite.
At M Mathew Law Firm, PLLC, I’m committed to helping families stay together and achieve their immigration goals. Contact me today to discuss your case and get the legal support you need.