What Are the Steps Involved in Adjustment of Status for Parents of U.S. Citizens?
When a U.S. citizen wants to help a parent become a lawful permanent resident, they must go through the adjustment of status process. This allows parents to apply for a green card without leaving the United States. At M Mathew Law Firm, PLLC, we work closely with families to help them work through the immigration law process with confidence.
Applying for adjustment of status is a major step for families looking to keep their loved ones together. Many parents who have spent years visiting the U.S. on temporary visas or living in uncertainty finally have the opportunity to become permanent residents.
While the process is designed to keep families intact, it requires careful attention to detail and adherence to immigration laws to avoid unnecessary delays or denials. Mistakes in the paperwork, missing documents, or eligibility concerns can cause setbacks, making it essential to approach this process with the right guidance.
My firm understands the emotional and legal weight of these applications. I take the time to address concerns, review documents, and help clients put forward the strongest case possible. With each step, I prioritize clear communication, personalized assistance, and legal strategies tailored to the specific circumstances of the family.
Moving a parent toward lawful permanent residency strengthens family bonds while providing stability and peace of mind. Understanding the required steps can help avoid delays and make sure everything is handled correctly. Each case is unique, but the following guide outlines the general process for parents of U.S. citizens seeking permanent residency.
Determining Eligibility for Adjustment of Status
Before starting the process, the U.S. citizen child must confirm their parent qualifies for adjustment of status. This is one of the most important initial steps, as failing to meet eligibility requirements can lead to delays or denials.
Basic eligibility requirements include:
Age of the petitioner: The sponsoring child must be at least 21 years old.
Parent’s current immigration status: The parent must have entered the U.S. legally and be present in the country at the time of filing.
Immediate relative category: Parents of U.S. citizens fall under the immediate relative category, meaning visa numbers are always available.
No inadmissibility issues: The parent must not have factors that could make them inadmissible, such as a criminal record or past immigration violations.
If any of these factors raise concerns, it’s important to discuss options before filing. Some issues may require a waiver or additional legal steps. In some cases, there may be other options available to work through certain immigration barriers.
Filing Form I-130 and Form I-485
Once eligibility is confirmed, the process moves forward with filing the necessary forms. These forms establish the relationship between the parent and child while initiating the legal adjustment of status process.
Key forms include:
Form I-130, Petition for Alien Relative: This establishes the legal relationship between the U.S. citizen and their parent.
Form I-485, Application to Register Permanent Residence or Adjust Status: This is the actual application for the green card.
Supporting documents: These may include birth certificates, proof of the U.S. citizen’s status, and evidence of legal entry.
Filing fees: USCIS requires fees for processing these applications, though fee waivers may be available in certain cases.
Filing both forms together, known as concurrent filing, can speed up processing. If Form I-130 is already approved, Form I-485 can be submitted separately. The correct documentation is critical at this stage to prevent delays caused by missing or inaccurate paperwork.
Attending the Biometrics Appointment
After filing, USCIS will schedule a biometrics appointment. The parent will need to visit a local Application Support Center to provide fingerprints, a photograph, and a signature.
The biometrics appointment is used for:
Conducting background checks
Verifying identity
Checking for any criminal or immigration violations
This step is usually straightforward, but if USCIS finds any issues, additional documentation may be required. In some cases, errors or delays in background checks can slow down processing. If problems arise, addressing them quickly is important.
Responding to a Request for Evidence (RFE)
In some cases, USCIS may issue a Request for Evidence (RFE) if additional information is needed. This means the initial filing lacked some required details or supporting documents.
Common reasons for an RFE include:
Missing documentation, such as a birth certificate
Incomplete forms
Insufficient proof of legal entry
Responding quickly and accurately is critical to avoiding delays. An immigration lawyer can help make sure all necessary documents are submitted correctly. If a response isn’t provided within the given timeframe, the application could be denied.
Attending the Green Card Interview
Most applicants will need to attend an in-person interview at a USCIS field office. The interview allows an immigration officer to verify information and assess the legitimacy of the application.
During the interview, expect:
Questions about the parent-child relationship
Review of submitted documents
Potential follow-up questions regarding past immigration history
Having well-organized documentation can help keep this step straightforward. If there are concerns about the interview, preparation with a lawyer can be beneficial. The officer may ask detailed questions to confirm the legitimacy of the application, so honesty and clear communication are important.
Receiving a Decision on the Application
After the interview, USCIS will either approve, deny, or request additional information.
Possible outcomes include:
Approval: The parent will receive their green card in the mail.
Request for additional evidence: USCIS may ask for more documentation before making a decision.
Denial: If the application is denied, USCIS will provide reasons and potential options for appeal or reapplication.
If the application is approved, the parent becomes a lawful permanent resident and can enjoy the benefits of a green card, including the ability to live and work in the U.S. permanently. If denied, reviewing the reason for the denial and identifying the next steps is important.
Applying for a Work Permit or Travel Document
While waiting for a decision, parents may be eligible to apply for work and travel authorization.
These include:
Form I-765, Application for Employment Authorization: Allows the parent to work legally while the application is pending.
Form I-131, Application for Travel Document: Permits to travel outside the U.S. without abandoning the adjustment of status application.
Applying for these documents early can help prevent unnecessary waiting periods. If the parent needs to travel while the application is pending, advance parole is required to avoid abandoning the application.
What to Do If the Application Is Delayed or Denied
Delays and denials can happen, but options are available to address them.
Common reasons for delays include:
High case volume at USCIS
Background check issues
Missing or incorrect paperwork
If an application is denied, options include:
Filing a motion to reopen or reconsider if new evidence is available
Refiling the application with stronger supporting documents
Exploring waiver options if inadmissibility issues are involved
Discussing these options with a lawyer can help determine the right path forward. If a denial occurs due to incorrect filings, refiling may be the correct option. If inadmissibility is the issue, seeking a waiver could be necessary.
Contact M Mathew Law Firm, PLLC Today
Applying for adjustment of status can be a challenging process, but with the right guidance, it can go smoothly. At M Mathew Law Firm, PLLC, I provide direct communication and personalized support to families in Dallas, Richardson, Lewisville, Irving, Farmers Branch, Grand Prairie, Garland, and Mesquite, Texas. If you need help with your parent’s green card application, reach out today to discuss your options.