The immigration team at Peek Toland & Castañeda PLLC knows just how complex and downright complicated applying for an adjustment of status can be – both in and outside of the country. There is a great deal of time, patience and paperwork to consider. That is why we are here – to provide the kind of quality service and legal counsel you and your loved ones need to make a transition a smooth one.
Considered the “fast-track” to permanent residency, any foreign national who marries a U.S. citizen is automatically qualified as an “immediate relative.” As a result, said immigrant will be able to apply for an Adjustment of Status through the U.S. Citizenship and Immigration Services (USCIS) board. And while it is certainly faster than most immigration processes by far, it is plagued by the same bureaucratic complications and intricate documentation you would find in other avenues.
Adjustment of Status through Marriage Qualifications
In order to qualify for adjustment of status based on marriage, foreign nationals are required to have a number of qualifications sorted out beforehand. While not an immediate deal breaker, missing any of the following items could lead to serious complications and potentially a revocation of your status:
- Ideally, you should be physically present in the U.S.,
- Entered the U.S. legally or currently working with USCIS to establish legal residency
- A clean criminal record or immigration history
- Hard evidence of a bona fide marriage according to USCIS standards
Couples that have been married for less than two years will be under a two-year time limit and must submit an I-751 form during the last 90 days before the green card expiration in order to obtain a ten-year green card. Contact Peek Toland & Castañeda PLLC for complete details and further assistance with your application.
What Happens After I Apply For An Adjustment of Status through Marriage?
After successfully submitting your application, a Receipt Notice should arrive in approximately two to three weeks. USCIS will require a Biometric appointment to gather fingerprints, ID photos and various other personal details for security purposes. The USCIS will then thoroughly review all documentation that has been submitted and may request additional information. Finally, you and your spouse will meet with an immigration officer to determine the legitimacy of the marriage.
In general, the interviewing officer will let you know right away if your adjustment has been approved. The green card will then be shipped anywhere from a month to three months later!
Keeping Loved Ones Together
With the knowledgeable counsel of Peek Toland & Castañeda PLLC representing your application, you and your spouse will be able to complete the process in the most efficient and cost-effective way possible. Our team goes above and beyond to ensure that our clients can avoid unnecessary delays. Contact our Austin immigration attorneys no matter what step of the adjustment of status process you are presently in – we will guide you through every step of the process.