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Family-Based Adjustment of Status

Family-Based Adjustment of Status. USCIS Information and Customer Service Division Customer Assistance Office. • Review the Department of State Visa Bulletin Aging Out and Child Status Protection Act (CSPA)

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Family-Based Adjustment of Status

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  1. Family-Based Adjustment of Status USCIS Information and Customer Service DivisionCustomer Assistance Office

  2. • 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 Objectives

  3. • 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 Common Terms

  4. • Immigrate to the United States from abroad • Adjust Status to Legal Permanent Resident (LPR) while in the United States Two Paths Lead to Permanent Residence • Usually, applicant’s residence will determine whether to immigrate or adjust status

  5. 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 Form I-130, Petition for Alien Relative

  6. 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

  7. 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 Immediate Relatives of U.S. Citizen

  8. Married son or daughter of U.S. citizen Brother or sister of U.S. citizen Petitioner must be 21 years of age or older Relatives of U.S. Citizen Required to Wait for Visa Availability

  9. 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.

  10. Issued monthly & reflects when visas become available Dates move forward or backwards from month to month Department of State Visa Bulletin FamilyAll China─ India Mexico PhilippinesChargeability MainlandAreas Except BornThose Listed Unmarried son/daughter of USC 1st 08 Aug 01 08 Aug 01 08 Aug 01 01Jan 91 01 May 92 Spouse and children of LPR 2A 22 Jul 02 22 Jul 02 22 Jul 02 01 Nov 01 22 Jul 02 Unmarried son/daughter of LPR 2B 08 Apr 98 08 Apr 98 08 Apr 98 08 Mar 92 22 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

  11. - Mexican Legal Permanent Resident filed I-130 for his wife & children on January 01, 2007 (priority date 01/01/2007) August Visa Bulletin FamilyAll China─ India Mexico PhilippinesChargeability MainlandAreas Except BornThose Listed Unmarried son/daughter of USC 1st 08 Aug 01 08 Aug 01 08 Aug 01 01Jan 91 01 May 92 Spouse and children of LPR 2A 22 Jul 02 22 Jul 02 22 Jul 02 01 Nov 01 22 Jul 02 Unmarried son/daughter of LPR 2B 08 Apr 98 08 Apr 98 08 Apr 98 08 Mar 92 22 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.

  12. Form I-130 Priority Date is January 01, 2007 August Visa Bulletin Child at “2A” reached 21st Birthday = Aged out & drops to “2B” category! FamilyAll China─ India Mexico PhilippinesChargeability MainlandAreas Except BornThose Listed Unmarried son/daughter of USC 1st 08 Aug 01 08 Aug 01 08 Aug 01 01Jan 91 01 May 92 Spouse and children of LPR 2A 22 Jul 02 22 Jul 02 22 Jul 02 01 Nov 01 22 Jul 02 Unmarried son/daughter of LPR 2B 08 Apr 98 08 Apr 98 08 Apr 98 08 Mar 92 22 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 Waiting period: Child is 6 years Aged Out = About 15 years

  13. 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 Child Status Protection Act (CSPA)

  14. 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) Requirements to Adjust Status

  15. 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 “Grandfather” Guidelines – 245 (i)

  16. 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. Example of Grandfather Guidelines

  17. 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 Initiating Process Abroad & Completing Process in United States

  18. 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 Applying for K-3 and K-4 Nonimmigrant Visa

  19. 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 StatusApplication I-693, Medical Exam and Supplemental I-864, Affidavit of Support I-765, Employment Authorization I-131, Application for Advance Parole – See Travel Advisory Adjustment of Status Package

  20. 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 listed Military Deployment Age-Out cases not covered by CSPA Significant & Compelling Reasons, e.g. medical conditions Loss of Social Security Benefits or other subsistence Background Security Checks

  21. 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 Biometrics

  22. 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 At the Interview

  23. 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 If Married LESS than 2 years

  24. 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 Petition to Remove Conditions on Permanent Residency, I-751

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