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  • Writer's pictureUnion Law Group

When to emigrate through Adjustment of Status?

An Adjustment of Status is the process by which a person can apply for permanent residence when the applicant is present in the United States. This means that the applicant can obtain their green card without having to return to their country of origin.


US law provides several avenues to obtain a green card. Eligibility varies depending on the category to which a person applies. You may be eligible if you fall into any of the following categories:

  • Immediate relative of a US citizen.

  • Spouse of a US citizen.

  • Unmarried child under the age of 21 of a United States citizen.

  • Parent of a US citizen who is at least 21 years old.

  • Another relative of a U.S. citizen or lawful permanent resident under the family-based preferential categories.

  • Relatives of a US citizen, which means you are: The unmarried son or daughter of a US citizen and you are 21 years of age or older.

  • Married son or daughter of a US citizen.

  • Brother or sister of a U.S. citizen who is at least 21 years old.

  • Relatives of a lawful permanent resident, which means that you are: The spouse of a lawful permanent resident.

  • The unmarried child under the age of 21 of a lawful permanent resident.

  • The unmarried son or daughter of a lawful permanent resident who is 21 years of age or older.

  • Fiancé (e) of a U.S. citizen.

  • Child of a fiancé (e) of a United States citizen Widow (er) of a United States citizen.

  • VAWA self-petitioner.


The evidence you must include when applying for Adjustment of Status varies, but usually involves the following:

  • Medical exam.

  • Financial guarantee.

  • Evidence of the relationship of the Petitioner and the Beneficiary.


For example: If the adjustment of status is through marriage, you will need to prove your marriage (marriage certificate) and if you have children, proof of the birth of your children (birth certificates).


If adjustment of status is through parents, or siblings, proof of family relationship, this is usually possible through birth certificates.


One of the benefits of applying for Adjustment of Status is being able to work while the process is in progress. In order to work, you have to wait for your employment card to arrive, which typically arrives within 3 to 5 months after the Adjustment of Status was received by immigration.


If you believe you are eligible for Adjustment of Status, we invite you to call us. If you want to make an appointment, call our phones: US: (619) 662-2170 or MX: (664) 622-5442

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