First, you have to be eligible meaning that the person who wishes to adjust their status is already in the United States in a legal status and is eligible to adjust to permanent resident status. A warning, just because you have filed an I-130 it does not necessarily mean that you are able to adjust your status, you must make sure that a visa is ready (sometimes this may take years).
When a visa is available each eligible family member must submit the following to the USCIS:
- Filing fees
- Fingerprint fee for each applicant 14 years of age or older
- G-325A Biographical Information sheet for applicants 14 years of age or older
- I-693 Medical Form and Supplement sealed in an envelope by the examining physician
- Copy of the I-797 Approval Notice of Form I-140 or filing fee receipt
- Copies of all Forms I-94, I-797, every page in each passport held by the individual and any other documents relating to their U.S. immigration status
- Letter from the employing department giving job title, duties, salary and assurance of continuing employment. The original is submitted with the employee’s application, a copy with each dependent’s application.
- Copy of applicable biographic documents with certified English translation
- Copy of any arrest or conviction record. An immigration attorney will determine if this will affect eligibility for permanent residence.
**This list may not include everything you need. Each case is different and may require more or less documentation then what is listed above.
If you think that you may have a visa available and you preliminarily meet the above criteria and think you are eligible to adjust your status by filing an I-485 then please give the law firm of Ariano & Reppucci, PLLC a call to set up your free thirty (30) minute consultation today.