Timing is Everything: When to File Your Adjustment of Status Application for Family-Based Immigration

Are you a foreign national seeking to obtain a green card through family-based immigration? If so, understanding when to file your adjustment of status application is crucial to ensure a smooth and successful process. In this article, we will guide you through the process and provide you with the necessary information to determine the best time to submit your application to the U.S. Citizenship and Immigration Services (USCIS).

Understanding Adjustment of Status

Adjustment of status is the process by which a foreign national already in the United States can apply for a green card without having to leave the country. This process is available to individuals who are eligible for a family-based immigrant visa, such as spouses, parents, children, and siblings of U.S. citizens or permanent residents.

When to File Your Adjustment of Status Application

The timing of your adjustment of status application is critical. You can file your application when your priority date becomes current, which is the date when a visa becomes available for your category. The USCIS uses a visa bulletin to determine the current priority dates for each category. You can check the visa bulletin on the USCIS website to determine when your priority date is current. Once your priority date is current, you can file your adjustment of status application, which includes: Form I-485, Application to Register Permanent Residence or Adjust Status Form I-765, Application for Employment Authorization (if applicable) Form I-131, Application for Travel Document (if applicable)

Concurrent Filing

In some cases, you may be eligible for concurrent filing, which allows you to file your adjustment of status application at the same time as your immigrant visa petition (Form I-130). This can speed up the process, but it's essential to ensure that your priority date is current before filing.

Factors to Consider When Filing Your Adjustment of Status Application

Before filing your adjustment of status application, consider the following factors: Eligibility: Ensure you meet the eligibility requirements for a family-based immigrant visa. Priority date: Check the visa bulletin to determine when your priority date is current. Documentation: Gather all required documents, including proof of relationship, identity, and admissibility. Processing time: Be prepared for the processing time, which can take several months to several years. Filing your adjustment of status application at the right time is crucial to ensure a successful family-based immigration process. By understanding when to file and considering the necessary factors, you can avoid delays and ensure a smooth transition to permanent resident status. Remember to check the USCIS website regularly for updates on visa availability and processing times. If you have any questions or concerns, consult with an immigration attorney to guide you through the process.

Keyword: Adjustment of Status, Family-Based Immigration, USCIS, Green Card, Priority Date, Visa Bulletin