Adjustment of Status is the process whereby individuals in the United States obtain green cards (or lawful permanent residency) to live permanently in the U.S. A person can adjust his/her status through an immediate relative (a U.S. Citizen spouse, U.S. Citizen son/daughter, or U.S. Citizen parent if the child being petitioned for is under 21) without being subject to the lengthy waiting delays of the Visa Bulletin. Or, status can be adjusted through a non-immediate relative (U.S. Citizen sibling, Lawful Permanent Resident spouse, U.S. Citizen parent if the son/daughter being petitioned for is over 21, and Lawful Permanent Resident parent if the son/daughter being petition for is over 21 and unmarried) subject to the Visa Bulletin. 

Marriage-based Adjustment of Status requires the U.S. Citizen or Lawful Permanent Resident spouse (known as the Petitioner) to petition for his/her spouse after getting married in the United States or abroad. The spouse applying to receive the green card is known as the Beneficiary/ The couple must prove that their marriage is legitimate and not entered into to evade any immigration laws.  Because fraud remains rampant in this area of immigration, consequences of proven fraud are serious and include fines, jail time, and deportation.

After the submission of extensive paperwork including immigration forms and supporting documentation to USCIS, the couple will be interviewed before a local USCIS officer who will determine whether to approve the green card application.  Proof demonstrating that the couple lives together as husband and wife is required at the interview. 

The law firm of Livesay & Myers, P.C. assists clients with all issues related to marriage-based Adjustment of Status. The decision to get married and apply for a green card is just the first step in the process. An experienced attorney is needed to determine issues such as whether the Beneficiary has violated any immigrations laws (knowingly or unknowingly) and whether a waiver will be required, whether the Beneficiary's last date of entry into the U.S. raises a presumption of fraud, the effect of prior marriages on the application, etc. In addition, one's current or expired visa will dictate whether obtaining a green card in the U.S. is even permissible or whether the green card must be obtained outside the U.S. by a process known as Consular Processing.

Upcoming Reduced Rate Consultation, Walk-In Dates

Our immigration lawyer Jennifer Varughese will be holding the following Immigration Law Open Houses, at which she will provide free consultations in immigration law:

• at our Fairfax Office on Wednesday, December 9, 2009, from 9:00 a.m. until 5:00 p.m.; and
• at our Manassas Office on Saturday, December 19, 2009, from 9:00 a.m. until 5:00 p.m.

Call (540) 370-4140 now for a reserved appointment. We will consult with walk-ins on a first come, first served basis at these Open Houses, but we strongly encourage that you call ahead to reserve a spot.