What to Expect From a Family-Based Adjustment of Status

Whether you are looking for a family-based adjustment of status (FBAS) for yourself or a relative, you should know what to expect and what you will need to do in order to successfully file your application. In addition to learning about the steps you need to take, you should also understand whether you can travel to the United States while your FBAS application is pending.

Application Process

Generally speaking, the application process for family-based adjustment of status takes between eight and fourteen months. This is a lengthy time period, and for some applicants, it may take longer.

The adjustment of status process is used by family members of United States citizens in order to obtain a green card. A green card is a document that allows a foreign national to live and work in the United States permanently. It can be obtained by filing a petition with the United States Citizenship and Immigration Services.

Before a foreign national can adjust his or her status, he or she must have legally entered the United States. If he or she has not entered the United States legally, he or she may be barred from applying for an adjustment of status for three years or ten years.

Requirements

Applicants for family-based green cards are required to show that they have a qualifying family relationship with their sponsor. The relationship must have existed for at least two years, and must involve a close family member.

The requirements for family-based adjustment of status are not as strict as those for obtaining a green card. However, there are several factors that can affect the immigration process. An attorney can help family members overcome the obstacles that may arise.

For instance, if a foreign national family member enters the United States without inspection, they may have to adjust their status through consular processing. This process requires the alien to attend an interview at a U.S. consulate in the foreign national’s home country. An immigration attorney can assist with this process.

Can An Applicant Depart the U.S. While The Application Is Pending?

Leaving the country while an immigration application is pending can result in some very negative consequences. For instance, it may raise questions about the reason you are leaving. Similarly, it may also trigger inadmissibility grounds that can affect your chances of re-entry.

While traveling while your application is pending may not be recommended, there are some cases where it is justified. For instance, an applicant may have exceptional circumstances to leave the country.

Leaving the country while an application is pending can be a good idea if the applicant has a pending application for advanced parole. However, if an applicant leaves without requesting advanced parole, he or she may be considered an abandoned asylum applicant.

For applicants who are eligible for advanced parole, it is generally a good idea to file an application at least three months before they plan to leave. If the applicant does leave the country, he or she will be subject to questioning by CBP.

USCIS Reviews Information Provided As Part Of The Naturalization Application

Applicants who are applying for an adjustment of status are required to appear for a naturalization interview. An officer will review the applicant’s application and may conduct a review of the applicant’s “A-file.” This A-file is a collection of applicant’s interactions with the legacy Immigration and Naturalization Service and may contain materials such as medical diagnostic reports and criminal records.

During the interview, an officer may ask the applicant a number of questions to determine their eligibility. The interview should be conducted in the applicant’s native language. This may be done by using an interpreter if needed. The officer should explain the purpose of the interview and answer any questions that are relevant to the application.

The naturalization interview can be a bit confusing for applicants. They will be asked questions on a number of different topics, including the reason for their application, the purpose of the naturalization examination, the educational requirements, and any absences from the United States.

Inadmissibility For LPR status

Whether or not you are inadmissible for LPR status depends on your immigration history. Your eligibility may be affected by your criminal history, your failure to maintain status in the U.S., or your underlying petition. There are waivers for certain circumstances.

If you have committed an aggravated felony since your admission to the U.S., you will be inadmissible for LPR status. This is one of the grounds of inadmissibility listed in INA SS 212(a).

The Child Citizenship Act of 2000 amended section 212(a) to allow natural or adopted children of U.S. citizens to receive exemptions. Non-citizens who have been diagnosed with HIV may also be eligible for an exemption. If you are a close relative of a U.S. citizen and have been in the country for more than two years, you may be eligible for a waiver.