Still, the first 90 days of a visit to the US are risky for a status adjustment. An immediate relative for purposes of this exercise of parole authority is an individual who: Is a legal spouse, an unmarried child under 21 years old, or a parent (regardless of the age of the U.S. citizen child) at the time of adjudication, AND Consequently, immediate relatives file Form I-485 together with the I-130 petition. One of the advantages of working with Immigration Planner’s online tools is to ensure consistency across all Forms. So, when you hear the term “immediate relatives” in the immigration context know that it means spouses, unmarried children under 21 years of age, and parents as long as the petitioning U.S. citizen is 21 years of age or older. Could that help stop my deportation? This also applies to the relatives of US citizens who are currently out of status and who have stayed in the United States longer than they were permitted to stay. As the immediate relative of a U.S. citizen, the following ground of inadmissibility does not apply to you:You are an immediate relative if you are:If you are the spouse or child of a U.S. citizen’s immediate relative, you must independently qualify for a Green Card and file your own application. As we all know, Concurrent Filing allows all USCIS forms to be submitted together (the Affidavit of Support as well as the Declaration of Self-Sufficiency are also filed in step not displayed). What is Adjustment of Status? You should only have the intent to stay as a visitor and not to immigrate, however preconceived intent in and of itself is not a problem for immediate relative …

Immediate Relatives Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. A visa is always available for immediate relatives (spouse, parent, or unmarried child under 21 of a U.S. citizen). In accordance with Section 245 of the Immigration and Nationality Act, USCIS will adjudicate adjustment of status applications filed by the immediate relatives of US citizens who entered into the country under the Visa Waiver Program. [1] This bar to adjustment does not apply to: Immediate relatives; [2] Violence Against Women Act (VAWA)-based applicants; Certain alien doctors and their accompanying spouse and children; [3] 3. An immediate relative of a U.S. citizen. b.

Citizenship and Immigration Service (USCIS) will now permit some immediate relatives of US citizens, who were last admitted into the United States under the Visa Waiver Program(VWP), to apply for adjustment of status.. The most up-to-date we are as to how far applicants are in the Green Card process, the most accurate the Timeline is.To illustrate the key steps of this Green Card Process, we are taking screenshots of Immigration Planner’s portal, which provide applicants dynamic planning & date prediction capabilities. An I-485 adjustment of status application can also be filed alongside an I-140 employment-based petition (EB-1 and EB-2). If the priority date is current, you may be eligible to apply for an adjustment to permanent resident status if you are already in the U.S. and if one or more of the following categories applies to you: Family member You either have an approved family-based immigrant visa petition or are filing it concurrently, whenever possible.

Specifically, the adverse factor of preconceived intent is overcome by the “substantial (or significant) equities” present in immediate relative adjustments. Eligibility to Adjust Status. Most immediate relatives of U.S. Citizens are eligible for Adjustment of Status with Concurrent Filing, provided they entered the United States lawfully (no ‘EWI’, or Entry without Inspection). Legal Authority Supporting Adjustment of Status (AOS) As many people know, a B1/B2 visitor visa is not a dual intent visa. The timing of the filing need also to take into account the ’90-day rule’, which puts additional scrutiny on what Green Card applicants have done within the first 90 days of arriving in the United States.Our Plan Summary is not only a way to remind Applicant when they are most likely to obtain their Green Card, it is also an encouragement to update their circumstances. Immediate relatives of US citizens are typically exempt from the misrepresentation rule. a. 2. Visas for Immediate Relatives c. How Can My Family Member File an I-130 While ’m Detained?

Most foreign nationals who come to the United States and apply for an adjustment of status or change of status are subject to the 30/60/90 – day rule, but immediate relatives of US citizens are exempted from the burden of proving that they did not possess a preconceived intent to immigrate.

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