Legal Residency through Parent/Child
There are a variety of ways to obtain legal status or permanent residency in the United States of America. The two main paths resume in either getting the permanent residency through employment or by a family petition. In the cases related to obtaining permanent residency through employment could be a lengthy process as the person would need to get first either an H-1B (Temporary Work Visa), O- Visa (Special Ability), or another kind of temporary visa to then after years being eligible to apply to permanent residency. Therefore, many people consider the option of achieving legal status through family, which could be by receiving a petition from a fiance, spouse, brother/sister, parent, or child. In most situations, one of the most ideal scenarios for many immigrants is achieving legal status through a parent or a child petition.
The main purpose of USCIS is to keep families together and not be separated by any ocean, border or any migratory restriction. Fortunately, the current migratory laws in the United States of America allow U.S. citizens to bring their immediate relatives to the U.S. or to adjust the legal status for those whose children or parents who already are living inside the United States.
What is Adjustment of Status?
According to the USCIS, the Adjustment of Status is the process any person or individual has to go through in order to transition from a non-immigrant alien to become a lawful permanent resident of the United States (also known as green card holder). If the person is inside the United States there is no need to leave the country in order to do this process because then it would be longer until completing the visa processing in their respective home country.
How does the Adjustment of Status process works?
The Adjustment of Status could be perceived as a very lengthy and complicated process that might take a while to complete. Nevertheless, if you have a basic understanding of the process in regards to the different documentation needed, then it would not come across as challenging as it might appear.
The process consists of a two steps that require the following:
- The eligible relative needs to submit or file an I-485 Form or in other words application to register full permanent residence or Adjustment of Status (AOS);
- The beneficiary needs the petitioning United States Citizen to file an I-130 form (Petition for an Alien Relative).
In regards to consular processing, the petitioner starts the whole process when the I-130 is officially submitted to the USCIS. When this is approved, the case will be sent to the National Visa Center (NVC) for final review before scheduling an interview. Besides, the petitioner will need to submit the Form I-864, which is also called “Affidavit of Support” that proves the petitioner has enough funds to support the beneficiary of the petition while adjusting to the United States. This documentation is submitted only once and sent to the USCIS to process. After being processed at the USCIS, the beneficiary is called in for fingerprinting and then for a final interview.
How can Sethi and Mazaheri help you?
We understand that if it is your first time hearing about the Forms, I-130, I-485, and I-864, the terminology might sound stressing and complicated. As your primary concern is having your parent or child achieve legal residential status to stay with you in the United States, our firm Sethi and Mazaheri LLC is here to help you with the whole process of improving your beneficiary to achieve legal residential status. Our legal team has years of experience in the market and maintains a 100% success rate on adjusting legal status based on the family-based petitions. Our team members also speak Spanish, Russian, and Farsi. Therefore, we will be happy to help you in every step to get your parent or child to achieve the desired legal status.