Adjustment of Status is an Immigration process by which an undocumented person, currently residing in the country, can become a Legal Permanent Resident (Green Card holder) without having to leave the United States. In particular, the undocumented spouse of a U.S. Citizen is considered an Immediate Relative, meaning a visa number is readily available and may be eligible for Adjustment of Status. An immediate Relative also does not have to wait for a priority date. For more information on the definition and qualifications of an Immediate Relative please contact an experienced immigration attorney at JRQ & Associates for a free immigration consultation.
In order for an undocumented spouse to qualify for Adjustment of Status they must be legally married to a U.S. Citizen and fall under one of the following categories:
- Be present in the U.S., in status, under a valid visa or;
- Have been legally admitted into the country, meaning having entered the U.S. on the Visa Waiver Program or a valid visa and overstayed (Exceptions apply for those that entered under J Visas or as a Crew Member) or;
- Be 245i Eligible, meaning they are protected under the prior Immigration Regulations.
To learn more about the qualifications for an undocumented spouse to proceed with Adjustment of Status or to learn more about 245i protection, please contact an experienced immigration attorney at JRQ & Associates for a free immigration consultation.
If an undocumented spouse is eligible for Adjustment of Status, they are allowed to file the Relative Petition and the Adjustment of Status application concurrently to avoid delays. Upon the filing of the application, they will receive receipt notices with receipts numbers. They can check the status of their case online using their receipt number through www.uscis.gov. They will also be sent a notice for Biometrics, also known as fingerprint notice, that they must attend. For more information on what documents are required for the Relative Petition and the Adjustment of Status application please contact an experienced immigration lawyer at JRQ & Associates for a free immigration consultation.
Employment Authorization is also provided for the undocumented spouse through the process. Upon receipt of their Employment Authorization Card (EAD Card), they can request a Social Security Number, if they do not already have one, from the Social Security office and obtain a valid Driver’s License. For more information on EAD Cards and obtaining a Social Security or Valid Driver’s License please contact an experienced immigration lawyer at JRQ & Associates for a free immigration consultation.
Lastly, the undocumented spouse will be sent an Interview date to attend with their U.S. Citizen spouse at their local Immigration office. The interview is for the purpose of meeting with an Immigration Officer to ensure the information found in their application is accurate and to further demonstrate and prove the validity of the marriage. If all legal standards are met, the undocumented spouse will receive his or her Legal Permanent Resident Card in the mail shortly after the interview. While this process is fast, it is important to always consult with an immigration attorney before filing any petition or application to ensure that no issues come up and all standards are met. To learn more about the process or about the Immigration interview please contact an experienced immigration attorney at JRQ & Associates for a free immigration consultation.
