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The Family Immigration Two-Step Adjustment Of Status Process


In order for you to become a lawful permanent resident through a family member, you will need to complete two sets of primary documents for the government’s review and attend an interview with an immigration officer.

First, you must file a family-based immigrant petition, known as the I-130 petition.

Second, you must file an application for permanent residency. At this stage, the road divides into two directions.

The chart above shows you how the two-step permanent residence process works.

Once when your I-130 family visa petition is approved, you will be given a priority date.

The priority date will determine when you can file documents for the second step. For some immigrants, the wait will take a long time.

Some applicants will be able to attend their interviews in the United States. This is known as adjustment of status.

Other immigrants will need to go to their green card interviews in the home country. This is called consular processing. Green card applicants, under this approach, file a different set of documents from those using the adjustment of status process.

Will Immigration Reform Change How The Green Card Process Works?

The family-based immigration system may be changed in the near future.

Under some recent proposals, the green card process for family members will be transformed into a skills-based system.

Points will be awarded based on criteria like education level, employment history and training, English fluency, age, country of birth, and the U.S. need for certain types of workers.  It is likely the two-step permanent residence process would cease to exist.

In my view, the shift to a merits system will have a major impact not only on how many immigrants earn permanent residency per year, but also which immigrants survive the government screening review under the adjustment of status process.

For information about our immigration attorney services for permanent residence seekers, see this page: How To Become A Permanent Resident And Win Your Green Card

By Carlos Batara

Ready to take a serious and honest look at the strengths and weaknesses of your immigration case? Let’s get started with a personalized strategy and planning consultation . . .

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