I have been writing about Adjustment of Status.  That is the process which allows you to file for a green card and stay here in the U.S. while you are waiting for it to be processed.  There are a number of requirements.  I want to only touch on a few of them.

The first is that you need to have entered the US legally.   A person who sneaked across the border and then marries a US citizen cannot file for Adjustment of Status.  For most people, you have to be in the U.S. legally in a non-immigrant status.   One exception is for immediate relatives of U.S. citizens — spouses, parents, and children under 21.   They can file for Adjustment of Status even if they are in the U.S. illegally — but they must have entered the U.S. in a legal status.   Generally, you cannot file if you have worked illegally, but that also does not apply to immediate relatives.

The major requirement is that you have to have an immigrant visa “immediately available” to you.   Immediate relatives always have an immigrant visa immediately available.    For other people, it is dependent on the backlog.   Sometimes an immigrant visa class, like Special Immigrant R-ligious workers — is current with no backlog.  If they are in the right place in their visa process, they can apply for Adjustment of Status.  But, for a brother of a U.S. citizen, with a 20 year backlog, it is very unlikely that he would be in the U.S. at the precise time that his 20-year wait ends.   A lot of time, I get inquiries from people with long waits who want to file for Adjustment of Status and wait here in the US for their place in line to come up.  That is not allowable, they have to wait in their home country because their visa is not “immediately available”.

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