Adjustment of Status

[Grummy 1]

If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same time with permanent residence applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself.

This almost seems too easy, as it gives the impression that if family legally comes to visit and has entered the country, you can file to adjust their status? If this IS the case, does anyone know how long it would take from filing to receipt of Permanent Resident? Comments would be appreciated.

Thanks!

I got that info off this link:

http://www.uscis.gov/USCIS/Resources/A1en.pdf and it is listed on Page 2, Clause 2.

[Deputy Purple 1,294]

Entering on a non-immigrant Visa or using VWP intending to AOS (Adjust Status) is a violation of Immigration Law.

Family members that can AOS immediately are Spouse, minor children & parents of US Citizens.

[aleful 1,905]

If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same time with permanent residence applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself.

This almost seems too easy, as it gives the impression that if family legally comes to visit and has entered the country, you can file to adjust their status? If this IS the case, does anyone know how long it would take from filing to receipt of Permanent Resident? Comments would be appreciated.

Thanks!

I got that info off this link:

http://www.uscis.gov/USCIS/Resources/A1en.pdf and it is listed on Page 2, Clause 2.

ditto, you have to read between the lines, may be, not every family member is elegible to adjust in country.

Edited August 5, 2011 by aleful

[Grummy 1]

ditto, you have to read between the lines, may be, not every family member is elegible to adjust in country.

Thanks ... this really piqued my curiosity. Does anyone know how the law reads regarding sponsoring step-siblings? I am so sure I read that you could, but now that I've gone back to re-read that piece, I can't find it.

[NigeriaorBust 4,087]

Step siblings or half siblings ? Fot a half sibling you file and wait for a number to be available which is between 8 and 23 years depending on your country. For steps it may be critical that you weren't adults when the parents in common married. I am sure someone will know all the details.

[Grummy 1]

Thanks! Appreciate it.

[JimVaPhuong 4,863]

You can petition step-siblings for F4 visas, as long as you can prove the family relationship. You need a birth certificate bearing your common parent's name, your step-siblings birth certificate bearing their common parent's name, a marriage certificate for your natural parents, a marriage certificate for your step-siblings natural parents, proof that those two marriages ended legally, and a marriage certificate between your two common parents. You also need proof of your US citizenship.

An F4 is a family preference visa, subject to annual limits. No visa or green card can be issued until the priority date of the petition is current. The wait time is currently 23 years for the Philippines, 15 years for Mexico, and 11 years for the rest of the world. Unless your step-siblings just happen to be in the United States legally when their priority date becomes current they will not be able to adjust status. They'll have to wait outside the US until their priority date is current and then apply for a visa.

[Grummy 1]

Thank you! I have both step and half siblings. The 'steps' are probably not going to be keen to move due to the waiting period - they are older. The 'halfs' are the youngest in the family and may well have more interest. Appreciate all the info very much. Thank you again.