How Can I Protect my Immigrant Relatives?

America is a nation of immigrants. Since its founding, the United States has been the destination for numerous people seeking better work opportunities, escaping from religious or cultural oppression, or simply wishing to join their families. Due to the massive influx of individuals wanting to immigrate to the United States, numerous procedures are in place to control the flow of people into the country. This can make the process challenging and potentially frustrating. This is especially true for individuals whose family members have already successfully moved to the United States.

However, having a family member who has successfully immigrated to the U.S. can significantly benefit anyone wishing to obtain a Green Card and become a citizen. This is because having a family member in the U.S. allows for an adjustment of status. An adjustment of status is part of the process of becoming a lawful permanent resident and will enable individuals already in the U.S. to apply for a Green Card without having to return to their country of origin.

What is Adjustment of Status?

Adjustment of status is the process of changing an individual’s legal status in the United States for immigration purposes. In many instances, individuals wishing to come to the U.S. to become lawful permanent residents or citizens would file a request in their country of origin. This usually involves going to a U.S. consulate and filing forms with the Department of State. This procedure is called Consular Processing.

In many situations, though, individuals wishing to apply for a Green Card are already in the United States. They may have come here fleeing a dangerous situation or may have come to visit a friend or family member. To apply for a Green Card after already coming to the U.S., an individual must file for adjustment of status. This “gets the ball rolling” on lawful permanent residency.
Adjustment of status can be a time-consuming and challenging process. However, if the applicant has an immediate relative who is already a U.S. citizen, it can help expedite the process.

Who is Considered an Immediate Relative?

Suppose you are an immigrant to the United States and have an immediate relative who is already a citizen. In that case, you may qualify for a Green Card and, therefore, be able to apply for an adjustment of status. The U.S. has a strict definition of who qualifies as an immediate relative for immigration purposes. Immediate relatives include:

  • Spouses
  • Unmarried Children Under Age 21
  • Parents Over the Age of 21

Other relatives may not qualify. One of our team’s experienced immigration attorneys can review your case and help determine whether you are considered an immediate relative for purposes of adjustment of status.

How Do I File for Adjustment of Status for My Relative?

Obtaining a Green Card and ultimately U.S. citizenship is a bureaucratic process. It involves a great deal of paperwork, including filing forms and paying fees. This is why an experienced immigration attorney is vital for anyone wishing to bring a relative to the United States.

Form I-130 is a key component of the process. Form I-130 is also called the Petition for Alien Relative. It is used to establish your relationship with the person whom you are attempting to help obtain permanent residency. Part of filling out Form I-130 will include noting that your relative will be applying for adjustment of status.

Form I-485 is the other major component of the process. I-485 is the actual petition for adjustment of status. I-485 must be filed after Form I-130 has already been filed.

Obtaining an adjustment of status for your relative can be challenging and time-consuming. It is not uncommon for individuals who attempt to file I-130 and I-485 to have them rejected for

various reasons. This is why you must consult an experienced immigration attorney if you are trying to help an immediate relative apply for lawful permanent residency.

What Are Common Obstacles to Adjustment of Status?

Just because someone applies for an adjustment of status does not mean they will necessarily receive it. Applicants must go through a rigorous vetting process. Due to the large volume of applicants for Green Cards, officials are judicious in rejecting applications. Common reasons for rejection include but are not necessarily limited to:

  • Incomplete Documentation
  • Missing Documentation
  • Lack of Eligibility or Failure to Establish Eligibility
  • Failure to File Proper Documentation

If the person reviewing an application can find a reason to reject it, they probably will. A rejected petition can potentially mean having to start over from the beginning. It can also mean adding a large amount of time to the application process. It is generally best to be fully prepared before filing any paperwork so that it can be processed and accepted on the first try. The best way to ensure a quick, efficient, and easy process is to consult with one of our team’s experienced immigration attorneys.

What Should I Do to Secure an Adjustment of Status for my Relative?

Everyone wants their family to be safe, happy, and successful. For many individuals, this means feeling secure that their loved ones are living nearby and someplace safe. If your family is separated due to immigration, a reunion is potentially challenging. However, there is a path available- and the attorneys of Toland Law, LLC can guide you down that path.

Through their own family’s stories and experiences, the attorneys of Toland Law, LLC have developed an intimate understanding of the immigrant experience. Their greatest wish is for all of their clients to be able to bring their families to the United States successfully and to be safely and happily reunited with them. Our ace team of legal professionals considers every case to be our highest priority. We don’t consider our work done until our clients are enjoying a happy family reunion here in the U.S.

Coming to America can be a rewarding experience. Reuniting with your family here can be difficult. The attorneys of Toland Law, LLC want to help. If you or a loved one needs to help an immediate family member become a lawful permanent resident, don’t hesitate to call us today at 857-347-3701.

Toland Law, LLC