As I wrote two weeks ago, if you are still in the U.S. in legal status when the I-360 is approved, you can file the Application for Adjustment of status.  This process will take about a year, but sometimes as long as 18 months or more.  If your spouse and children are here with you in legal status, they can file too.   It is quite expensive.   Until now the fee each person, 14 years old and older, had to pay $1,225.  The fee for someone under 14 was $750.

However, starting October 2, 2020, the fees are going up substantially.  The basic fee is $1,130 for everyone regardless of age.   If you want to also file for work authorization, there is an additional $550 filing fee.  If you also want to file for travel authorization, there is an additional $590 feeOnce you file, you are allowed to stay here in the U.S. while you are waiting for the green card to be approved.  You can also request employment and travel authorization when you apply for Adjustment of Status.   If you still have valid R-1 (or other employment visa) status you can continue to work as long as that status is valid.  Once the non-immigrant status has ended, you must stop working unless the new employment authorization has been approved.  It has been taking between four and eight months to get employment authorization.

Travel authorization is also taking about the same period of time.  Unless you are in valid H-1 or L-1 status, after you file for Adjustment of Status, you should not travel until you get travel permission.   To be honest, I recommend that you don’t travel if you can help it — but sometimes people need to travel — especially when the processing times are so long.

Finally, when they have finished processing your application for Adjustment of Status, they may call you in for an interview or they may just mail you your new green card.  They are supposed to interview more applicants and definitely they are supposed to interview all married candidates, but they do not always do that.

Now, if when the I-360 is approved you have already left the US, or if you were never here, you will need to complete consular processing.  That means that you will file for an immigrant visa at the U.S. consulate (or embassy) overseeing the location where you live.  You have to upload documents to the National Visa Center (NVC) web portal and fill out an on-line visa application and pay the filing fees on-line.   Dealing with the NVC is a somewhat frustrating process, but it has to be done.   Then, when they have finally accepted all the documents that you have uploaded, they will schedule you and your family for an interview.  This whole process can take as little as two or three months — but it can easily stretch out to six months or more.  But, once you pass your interview, you get your visa and can then come to the U.S.   Once you pass customs, you become a lawful permanent resident, and they will mail you your green card.

I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong