Which family members are eligible to apply for adjustment of status or immigrant visa?

A foreign national who is otherwise eligible to do so, can apply in the United States to adjust their status to permanent resident or apply for an immigrant visa at the US consulate or embassy in their home country either as an immediate relative or under the family preference system. If the foreign national has a previous removal order, misrepresented himself, lied to an immigration officer or has been convicted of certain crimes, he or she may be deemed inadmissible and will not be permitted to enter the United States unless a waiver is available to overcome the ground of inadmissibility and such waiver is granted.

Family members who are immediate relatives

Immediate relatives are spouses of US Citizens, children under 21 years of age with at least one parent who is a US citizen, and parents of US citizen children 21 years and over.

Immediate relatives, who are otherwise eligible to do so, may apply for a green card immediately in the United States or for an immigrant visa at the U.S. consulate or embassy in their home country. There is no numerical cap on the number of immediate relatives admitted annually to the United States as immigrants.

However not all foreign nationals are eligible to apply for a green card in the United States even if they are an immediate relative such as the spouse of US Citizen. An experienced immigration attorney can determined if you are eligible as an immediate relative to apply for a permanent card in the United States or apply for an immigrant visa at a US consulate or embassy.

Family members who fall under the family preference system

Spouses and children, (under 21 years old), of permanent residents, married and unmarried children 21 years and over, and siblings, are not considered immediate relatives. They fall under what is referred to as the family preference system. If they desire to live and work permanently in the USA they will have to wait for a visa to become available in their particular family category under the family preference system before they can seek adjustment of status or immigrate to the United States through consular processing at a U.S. consulate or embassy. Depending on which family category the family member falls under, it could take several years for a visa to become available.

A foreign national who is a beneficiary under the family preference system and is seeking to adjust status in the United States or apply for an immigrant visa at the U.S. consulate or embassy in their home country must be eligible to do so. An experienced immigration attorney can determined if you are eligible to apply for a permanent resident card in the United States or an immigrant visa at the US consulate or embassy.

Here's How We Can Help You

Whether the foreign national is pursuing adjustment of status or consular processing abroad, we are involved every step of the way. Here's what we do for our clients who retain us:

• We review your eligibility for the green card or immigrant visa and identify any potential legal issues that may affect your eligibility.
• We help you gather the necessary documents in support of the green card and immigrant visa applications and family petitions.
• We prepare and submit the green card or immigrant visa application and family petitions with the appropriate U.S. Government office and ensure the submission of the correct filing fees
• We handle all communication with the appropriate U.S. Government office up until the interview is scheduled
  • We represent the foreign national and the U.S. citizen or permanent resident petitioner and appear with them at the adjustment of status interview in the United States.

For more information about whether a foreign national is eligible to apply for a green card in the United States or whether it is advisable to pursue an immigrant visa at a U.S. Consulate, contact the Law Offices of Raul Ray at (408) 279-5793.