Green Cards: Understanding Marriage Based Adjustment of Status

In the pursuit of love and a brighter future, many individuals embark on the journey of marriage, a bond that transcends borders and cultures. For those seeking to build a life together in the United States, the Marriage Based Adjustment of Status offers a pathway to legal residency and the coveted green card. In this guide, we'll explore what it entails, who is eligible, how it can be obtained, and why having a trusted immigration attorney by your side is crucial.

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What is Marriage Based Adjustment of Status?

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Marriage Based Adjustment of Status refers to the process through which an individual who is married to a U.S. citizen or lawful permanent resident (green card holder) can apply for lawful permanent residency (green card) within the United States. This process allows spouses to adjust their immigration status without needing to leave the country, provided they meet certain eligibility criteria.

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Who is Eligible for Marriage Based Adjustment of Status?

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Eligibility for Marriage Based Adjustment of Status is generally extended to spouses of U.S. citizens or lawful permanent residents. To qualify, the following conditions must typically be met:

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1. Valid Marriage: The marriage must be legally recognized and bona fide, meaning it was entered into in good faith and not solely for immigration purposes.

2. Nonimmigrant Status: The spouse seeking adjustment of status must be physically present in the United States and in a valid nonimmigrant status at the time of filing the application.

3. Eligibility under Immigration Law: The applicant must meet all other eligibility requirements under U.S. immigration law, including admissibility criteria.

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How Can Marriage Based Adjustment of Status Be Obtained?

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The process of obtaining Marriage Based Adjustment of Status involves several key steps, including:

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1. Submission of Form I-485: The applicant must file Form I-485, Application to Register Permanent Residence or Adjust Status, with the United States Citizenship and Immigration Services (USCIS). This form serves as the official request for adjustment of status to lawful permanent residency.

2. Biometrics Appointment: After the application is submitted, the applicant will be scheduled for a biometrics appointment to provide fingerprints, photographs, and signature.

3. Interview: In many cases, USCIS will schedule an interview to assess the bona fides of the marriage and ensure eligibility for adjustment of status.

4. Adjudication: USCIS will review the application, supporting documentation, and interview results to make a decision on the adjustment of status application. If approved, the applicant will receive their green card.

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Hiring a Good Immigration Lawyer

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While the Marriage Based Adjustment of Status process may seem straightforward, the reality is that navigating the complexities of immigration law can be challenging, especially for those unfamiliar with the system. This is where the expertise of a skilled immigration attorney becomes invaluable.

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A knowledgeable immigration attorney can provide essential support and guidance throughout the adjustment of status process, including:

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Legal Expertise: An experienced attorney can assess your eligibility for adjustment of status, identify any potential issues, and ensure that your application is prepared accurately and completely.

Preparation: From gathering necessary documentation to preparing for the interview, an attorney can help you navigate each step of the process with confidence.

Advocacy: In the event of complications or delays, an attorney can advocate on your behalf to ensure that your rights are protected and that your case receives the attention it deserves.

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Marriage Based Adjustment of Status process offers a pathway to legal residency and the fulfillment of dreams for couples seeking to build a life together in the United States. By understanding the eligibility criteria and enlisting the assistance of a trusted immigration attorney, spouses can navigate the journey with peace of mind, knowing that they have a knowledgeable advocate by their side every step of the way. If you're ready to begin the process of adjustment of status, don't hesitate to reach out to our dedicated team of immigration professionals. We're here to help you turn your dreams into reality.

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