How to obtain permanent residency in the US through a family member?

How to obtain permanent residency in the US through a family member?

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As is well known, one of the ways to obtain permanent residency in the United States is to apply through an immediate family member who is already a citizen, either by birth or naturalization. This process is known as adjustment of status.

It is one of the safest options to reside in the country legally, but that doesn’t mean that it has fewer requirements. In the following paragraphs, we will explain the most relevant points regarding the application for adjustment of status through a US relative: eligibility criteria, how to file the documents, and what to expect during the process.

Eligibility requirements

Beyond work, family ties are a virtually infallible basis for applying for an adjustment of status to obtain a US Permanent Resident Card, known as a Green Card. A clear and typical example is marriage between a US citizen and a person temporarily residing in the country or abroad.

The United States Citizenship and Immigration Services (USCIS) is the agency in charge of managing and approving this type of request. Its website describes the typical conditions under which people can opt for this pathway to reside legally and permanently in the US.

The first one is to be the spouse of a US citizen, as we mentioned at the beginning. Another condition is to be a child under 21 years of age of a US citizen or to be the parent of a US citizen, as long as the parent is 21 years of age or older.

There are also exceptional cases, such as being the widow or widower of a US citizen. For this, as in the case of the current marriage, the interested party must show that they were legally married to the deceased person and that the marriage was entered into in good faith.

How to file for adjustment?

As indicated above, the application for permanent residence in the US through a relative is made by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Although the argument is a close family relationship, it is worth noting that the interested person must file the documents with USCIS independently. Before doing so, it is advisable to verify that you meet the eligibility requirements and do not fit any inadmissibility criteria, as previously indicated.

If you are the spouse or child of an immediate relative of a US citizen, you must qualify for a Green Card independently and file your application. You cannot be eligible for a Green Card as a derivative beneficiary based on the application of an immediate relative.

Documents needed to apply for adjustment of status by family members

Form I-485 is the primary form for an alien relative of a US citizen to apply for permanent residence in the United States. While it must be filed individually, the other party must also file paperwork to support the application. It is to file Form I-130, Petition for Alien Relative.

These must be accompanied by the following:

• Two passport-size photos.
• One of the government-issued photo IDs.
• A copy of the birth certificate.
• A copy of Form I-797, Notice of Receipt or Approval.

Citizenship Examination

Even if an alien is applying for permanent residency through a relative, if they move forward, they must still submit a test as part of the naturalization process.

As many know, this consists of an English language test that evaluates reading, writing, and speaking ability. The other part consists of the popular civics assessment, in which the applicant must demonstrate knowledge of US history, law, and government.

Most applicants for adjustment of status through relative must submit and pass both tests to obtain their permanent residency. However, there are cases where exceptions are made, for example, when medical conditions limit the abilities involved.

The process is quite simple, and it is enough to have all the requirements requested by the USCIS. However, we should always respect legal advice based on experience to make the most of the time and achieve the goal of permanent residency.

Kannan Law’s highly trained team can advise from the slightest doubts to more complex cases, such as those involving inadmissibility. Click here and contact us.