Some immigrant categories, such as the foreign spouse of a U. Immediate family members of U. These family members include spouses , unmarried children under age 21, children adopted by U. To qualify for this category of Adjustment of Status applicant, you must also have an approved Form I, Petition for Alien Relative , which you can file before or at the same time as Form I You also will need certified copies of all criminal records, including criminal charges, arrests, and convictions if you have any.
Other forms also may be necessary, based on your situation. In some cases, employers may sponsor certain highly qualified natives of other countries to remain in the U. Department of Labor, either before or at the same time as Form I In addition to the documents that all green card applicants must submit, employment-based applicants also must provide USCIS with:.
In some cases, applicants seeking green cards through their employment may need to submit additional forms. One basis for seeking a green card is marriage to a U. These visas allow you to lawfully enter the U. K-1 visa holders who want to apply for a green card must submit Form I like everyone else. If you have been living in the U. The only additional document that you must submit with your Form I is a document showing that you were granted asylum, such as a USCIS approval notice or an immigration judge order.
Likewise, if you were admitted to the U. If you are a victim of human trafficking, you must have T nonimmigrant status and documentation that you have resided in the U. You also must provide proof that adjustment of status is warranted as a matter of discretion and that you have good moral character. Finally, you must have documents showing that either you assisted in the investigation or prosecution of human traffickers, were under the age of 18 at the time the crimes occurred, or would suffer extreme hardship involving unusual and severe harm if removed from the U.
If you are a victim of some crimes or abusive situations and hold U nonimmigrant status, you can apply for a green card if you have documentation that you have been living in the U. Like victims of human trafficking, you also must show proof that you assisted law enforcement agencies in the investigation and prosecution of these crimes. Finally, you also must prove that adjustment of status is warranted as a matter of discretion in your cases. There are some exemptions to paying this fee for some categories of immigrants.
If you stay in the U. Various factors determine whether a visa overstay can negatively affect your ability to get a green card. Overstaying your visa by days or more can result in you being unable to reenter the U. Need more help? Get started on your application today! An applicant relative or husband or wife getting their green card can file an I based on seven major categories as listed on the form : family-based, employment-based, special immigrant, asylum or refugee, human trafficking victim or crime victim, special programs, and additional options.
The I further divides these seven categories into 27 sub-categories for clarity. For purposes of a marriage-based green card, only a foreign spouse who is physically present in the United States can file an I to apply for a green card. The spouse must have entered the United States on a valid visa. This means that Form I must already have been approved as in the case of the spouse of a green card holder or the I and the I forms must be concurrently filed as in the case of the spouse of a U.
First, relatives or spouses who are not physically present in the United States cannot file the I Second, even when they are physically present in the United States, there are some eligibility exclusions that prevent the filing of an I application. You typically cannot file an I if:. This means that you are disqualified from receiving a green card based on certain factors specific to you. These disqualifying categories include:. Do you have confidential questions about how your situation might affect your green card application?
Find out more about what you get with Boundless , or start your application now. The I application needs to be filed with supporting documents to prove that the applicant is eligible for a green card.
The following supporting documents must be included with a marriage-based I application:. For example, if your birth certificate is not available, you can first obtain a statement from the government agency in your home country that is in charge of issuing birth certificates, certifying that your birth certificate is not available through them. You can then submit alternative documents to prove the facts of your birth—essentially, the date and place of your birth, and the names of your parents.
If none of the above alternative documents are available, you can submit written statements from at least two people who were alive when you were born, and have personal knowledge about the facts of your birth. These statements could be from your grandparents, uncles, aunts, or even family friends. You should think of the I as an opportunity to prove that you are eligible for a green card.
Learn more , or check your eligibility without providing any personal or financial information. Where you should mail your I application depends on where you live and your category of adjustment. USCIS provides a chart with all the different scenarios. What is the difference between Form I and Form I?
If you are the spouse, parent or unmarried child under the age of 21 of a U. It contains your digit receipt number. You can use this receipt number to check your case status. A poorly prepared application can also delay the approval process and even create significant immigration problems. When you prepare your I on CitizenPath, we provide simple, step-by-step instructions and alerts to help you avoid costly delays. No credit card is required to try it.
The biometrics appointment, also known as a biometrics screening, is generally a short appointment approximately 30 minutes so that USCIS can collect your fingerprints, photograph and signature. Your appointment notice will tell you what you need to take to the appointment. Expect to take some form of government-issued photo identification to enter the building.
Many people call it a work permit. If you applied for both, the EAD and advance parole travel document are generally combined on a single combo card. With the combo card, you are considered an adjustment of status applicant who may work in the United States and travel outside the U.
Next in the I timeline, you and the petitioner will most likely receive a notice to attend an adjustment of status interview. Interviews should not be feared; they are a normal part of the process. Your type of case will influence the decision to have an interview, but filing a well-prepared adjustment package with all necessary documentation helps your chances. The interview notice will arrive by mail as another Form I, Notice of Action. The adjustment of status interview will be scheduled at a USCIS facility near you, and it probably will last less than 30 minutes.
Start by reviewing your I and related forms. If anything is out-of-date such as a new address or employer , take the updated information with you to the interview. Tip: Review the USCIS interview notice for a complete list of items that you should take to the adjustment of status interview.
In some cases, you may be granted permanent residence at the end of the interview. If USCIS denies your application, they will mail you a notice explaining the reasons for the adjustment of status denial. Estimated time range. See table below. Sign in or create a new account to see your personalized case completion time Check your case status. How we process cases.
Processing delay at Vermont Service Center. If any information on your notice is not correct, including an address change, or you have questions about your case you can connect with the USCIS Contact Center at www. If you are in the United States or a U.
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