If the Spouse, Child or Parents of a U.S. citizen are in the U.S. they can apply for adjustment of status. Adjustment of Status is the highly sought-after prize of the immigration process. It allows you to stay here in the U.S. and work (at least part of the time — after you get your employment authorization) while you are waiting to receive a green card. Assuming that you qualify for Adjustment of Status — I will talk about that in a couple of weeks — once you file the Application for Adjustment of Status, you are allowed to stay here in the U.S. until you get your green card.
Normally, the process is started by filing a visa petition together with the application for Adjustment of Status. You will also file a request for work authorization and a request for a travel document. Currently, everything together costs $1,225. But that may go up in the near future — it was supposed to go up already, but there is a court case holding up the fee increase. You will also file an immigration medical exam report, an affidavit of support (or two) to prove that you will not need to go on welfare, and relationship evidence.
The time frames are very difficult to set forth here. Everything has been stretching out. The whole process had been less than a year, and then it was taking about a year. I don’t know how long it will take at this point. At some point in the process you will need to go in to have your fingerprints and photo taken digitally. Then, four to eight months into the process you should receive employment and travel authorization. I recommend that you do not travel if you can help it, but sometimes it is necessary.
Finally you will be called in for an interview. If you are the spouse of a U.S. citizen, you and your spouse will be called in. The interview is longer for spouses. The parents or children of a U.S. citizen may wind up not being called in for an interview, but you might.
After the interview, the green card will usually come in a couple of weeks, but it could take months.
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
757 Appleton Road, Elkton, MD 21921