Adjustment of Status is an option for individuals who are already in the US, had a lawful entry (i.e. entered with some type of visa and were lawfully inspected at the border or Port of Entry), and have a qualifying US citizen or Legal Permanent Resident relative who can petition for them. This relative can be a spouse, parent, child, or sibling. When the qualifying relative is a spouse, the applicant must prove that they did not have immigrant intent when they entered the US on a different type of visa. The applicant must also prove that they are not inadmissible for any reason (e.g. criminal history or previous illegal entries to the US).

One of the most exciting things about the immigration process is its ability to move people closer to the ones they love. Family-based immigration enables people all over the globe to come closer together and spend more of their lives in the same place.

If you’re applying to citizenship based on three years of marriage to a US citizen, part of the process will be proving to the government that your relationship is still genuine. This is usually not an issue for couples who have been together for several years and who live together. However, it can be a big project to collect documentation of your relationship over several years and to know what types of things that the government is looking for.

Sometimes relationship evidence can seem very personal, but you must be able to show the government that your marriage or engagement is legitimate. Click here for some helpful tips.

Our immigration system has always been a challenging maze to navigate. However, in recent years, the roadblocks to receiving a green card, a visa, or U.S. citizenship have increased dramatically.

For example, a USCIS policy rolled out in 2018 allows petitions to be immediately denied without first giving the applicant the chance to fix any issues. This "sudden death" policy mirrors a string of other recent changes to the immigration system: processing times are slower than ever, more couples are being separated at interviews, and immigration officers are making unannounced visits to applicants' homes.

Fortunately, there are steps you can take to ensure your case is approved. Click here for some helpful pointers.

When going through the arduous process of applying for a green card, the goal is most likely to not have to apply for another for a long time. Unfortunately, in some circumstances, USCIS will issue only a 2-year conditional green card, which requires an additional application to “remove conditions” on permanent resident status in order to receive the 10-year card. There is nothing wrong with receiving the conditional 2-year card; however, it does require some additional work.

In family-based immigration, the reason for receiving a 2-year green card is that you have been married to your US citizen spouse for less than two years. This rule is essentially a safeguard for the US government, as it reduces the likelihood of fraudulent marriages. If you and your spouse recently married and would like to be able to reside together in the US as soon as possible, chances are you are going to receive a 2-year conditional green card.

A conditional resident has all the rights and privileges of someone with a 10-year card. You can still live and work in the US, as well as travel. The only difference between being a conditional resident vs. being a non-conditional permanent reside is that conditional residents are required to file Form I-751 before their 2-year card expires. If they fail to file this application, they will fall out of status and risk deportation.

Adjustment of Status applicants can apply for temporary work and travel permits (Employment Authorization Document and Advance Parole travel document) in conjunction with their green card application. These are valid for one year will be issued once the applications are approved. These documents can be renewed if the case has not been adjudicated by the time they expire.