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Adjustment of Status through Family/Child

When your family members are visa holders in the U.S., the future can feel uncertain and life can feel incomplete. There are paths that ensure family members can stay permanently in the U.S., but the journey is complex. That’s why you should rely on the Bay Area immigration lawyers from Silver Law Firm. They can pave the way for family members – whether in the U.S. or abroad – to become lawful permanent residents of the U.S.

Adjustment of Status for Children and Parents

If your goal is to gain lawful permanent residence for a child who is under 21 or a parent (if you’re over 21) and in the U.S. legally, then they can obtain a green card if you file an I-130 petition and your parent or child files a Form I-485. The process of submitting the forms can happen concurrently or sequentially. Keep in mind that your relative has to submit many different documents along with the USCIS forms, including:

  • Two photographs
  • Copy of their birth certificate
  • Copy of their passport page with visa or admission stamp, or copy of their I-94
  • Records of any criminal charges, arrests, and convictions

In addition, you will need to provide an affidavit saying that you can support them, and they will have to submit a report from a medical examination. If their immigration history is complicated, they may be required to include a waiver application, an application to be readmitted to the U.S., or various forms depending on their current or former immigration status. They may also want to apply for work and travel authorizations.

If your parent or child is not currently in the U.S., then you must file an I-130 petition. When it is approved, your relative can obtain a travel visa through the U.S. State Department. Once they arrive on our shores, then they can obtain a green card.

Adjustment of Status for Other Family Members

The U.S. immigration system prioritizes adjustment of status based on the status of the petitioner and the relationship between the petitioner and the person seeking permanent residence:

  1. U.S. citizen petitioner: Unmarried sons and daughters who are 21 or older

2A. Lawful permanent resident petitioner: Unmarried children under 21 and spouse

2B. Lawful permanent resident petitioner: Unmarried children under 21 and spouse

  1. U.S. citizen petitioner: Married sons and daughters
  2. U.S. citizen petitioner 21 or older: Brothers and sisters

The required forms, documents, and process mirror those outlined above for children and parents.

The U.S. immigration system is incredibly complex and virtually impossible to navigate on your own. The Bay Area immigration attorneys at Silver Firm are ready to fight for your family members, their futures, and their dreams. They want to make your life complete and put your mind at ease.

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