Adjustment of Status for Parents: Everything You Need to Know

Introduction

Embarking on the journey of adjusting the status for your parents can be both exhilarating and overwhelming. As their child, you may be filled with a sense of responsibility and urgency to navigate through the complexities of U.S. immigration laws. Fear not, as this comprehensive guide delves into everything you need to know about the Adjustment of Status (AOS) process for parents. We’ll walk through the steps, requirements, and considerations to ease your path and ensure you’re well-prepared for this significant endeavor.

What is Adjustment of Status?

Definition and Overview

Adjustment of Status (AOS) is a process that allows eligible non-U.S. citizens to apply for lawful permanent resident status (a Green Card) without needing to return to their home country for visa processing. Essentially, it is the path one follows to transition from a temporary visa holder to a permanent resident while remaining in the United States.

Who Can Adjust Status?

Not everyone is eligible to adjust their status within the U.S. Generally, the process is reserved for those who are already in the U.S. legally. This may include family members of U.S. citizens, such as parents, spouses, and children, among others who meet specific criteria.

Eligibility Criteria for Parents

Immediate Relatives of U.S. Citizens

Parents of U.S. citizens are considered immediate relatives, which eases the process significantly. Immediate relatives do not have to wait for a visa number to become available, making the process generally quicker.

Requirements for Parents

1. Legal Entry: The parent must have entered the U.S. legally.

2. Relationship Proof: The petitioner must provide proof of a valid parent-child relationship.

3. No Visa Overstays or Violations: The parent should not have violated their visa status—for instance, by overstaying a visa unless they qualify for forgiveness under certain conditions.

Step-by-Step Process for Adjustment of Status

1. File Form I-130

The U.S. citizen child must file Form I-130, Petition for Alien Relative, to establish the relationship. This form must be filed with the U.S. Citizenship and Immigration Services (USCIS), along with supporting documentation to prove the parent-child relationship.

2. Wait for Approval

Once the Form I-130 is filed, USCIS will process the application. If approved, it confirms the recognized relationship between the U.S. citizen and the parent.

3. File Form I-485

Subsequently, the parent must file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is crucial as it formally requests the adjustment of status.

4. Attend Biometrics Appointment

The parent will be scheduled for a biometrics appointment where they will provide fingerprints, photos, and signatures.

5. Await an Interview

In most cases, the parent will be required to attend an interview at a USCIS office. Here, both the parent and the petitioner may be asked questions to confirm the legitimacy of the application.

6. Receive Decision

After completing the interview, the parent will receive a decision. If approved, they will be granted lawful permanent resident status and receive their Green Card.

Required Documentation

Proof of Relationship

• Birth certificate of the child indicating parents’ names

• Adoption papers (if applicable)

• Other legal documents that establish a parent-child relationship

Proof of Legal Entry

• Passport with entry stamp

• Form I-94, Arrival/Departure Record

Medical Examination and Vaccinations

A medical examination by an authorized physician is mandatory. The results are submitted to USCIS as part of the documentation requirements.

Potential Challenges and How to Overcome Them

Documentation Errors

Common issues arise from incomplete or incorrect documentation. Double-check all paperwork and consider seeking legal help to avoid delays.

Inadmissibility

Certain conditions may render a parent inadmissible, such as past immigration violations or criminal records. For these issues, waivers might be available, which require additional documentation and proof of hardship.

Legal Assistance: When and Why You Should Seek Help

Hiring an immigration attorney can make a significant difference, especially for those facing complex cases. Legal experts can help ensure your documentation is complete and filed correctly, and guide you through potential pitfalls.

Conclusion

The adjustment of status process for parents can seem daunting, but with the right information and careful preparation, it’s entirely manageable. Remember to gather all necessary documentation, proceed step-by-step, and seek legal assistance if needed.

FAQs

1. What happens if a parent’s application is denied? If denied, a parent might be able to appeal the decision or reapply. Consulting with an immigration attorney in this scenario is essential.

2. Does age matter when petitioning for a parent’s adjustment of status? Yes, the child must be at least 21 years old to petition for their parent’s adjustment of status.

3. Can the parent include other family members in the adjustment of status application? No, the adjustment of status application is individual. Separate petitions must be filed for each family member.

4. What fees are associated with filing for Adjustment of Status? Fees include the cost of filing forms I-130 and I-485, along with biometrics fees. Current rates can be checked on the USCIS website.

5. Is it possible to expedite the Adjustment of Status process? Expediting is typically challenging, but in cases of significant hardship or emergent situations, you might request expedited processing.

6. Will prior immigration violations affect the Adjustment of Status? Yes, past violations can impact eligibility, but there may be waivers available in certain cases.

7. Can parents remain in the U.S. if their child loses their citizenship? Generally, if parents obtain their Green Card, they remain lawful permanent residents regardless of their child’s status change.

8. How often do parents have to renew their Green Card after approval? Green Cards typically need renewal every 10 years unless a parent becomes a U.S. citizen.

9. What types of interviews are held for AOS applications? Interviews are primarily face-to-face at a local USCIS office and focus on verifying the application’s information and authenticity.

10. Can a parent’s adjustment of status be revoked? Yes, if it’s found that the application contained false information or the status change was not lawful, it can be revoked.

Get Help with Your Immigration Needs

Contact us today to discuss your legal issues and find the best path forward! Call us at (212) 566-3572 or click here to contact us for personalized assistance.

Feel free to review additional details on the Wikipedia page about Adjustment of Status and visit the official USCIS Government page for more information.

Remember, you don’t have to navigate this process alone. We’re here to help every step of the way. Reach out to us, and let’s make this journey smoother together.