Family-Based Adjustment of Status

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Family-Based Adjustment of Status in El Paso

For many people already living in the United States, adjustment of status is the path from a temporary visa (or no status at all) to the stability of a green card. When that path runs through a family relationship, the stakes are especially high. These are not just legal filings. They are the difference between a family that stays together and one that is torn apart.

At The Pablos Law Firm, P.C., we handle family-based adjustment of status cases with the thoroughness and personal attention they demand. Call (915) 543-9100 to discuss your situation with one of our experts.

What Is Adjustment of Status?

Adjustment of status is the process by which a foreign national who entered the U.S. lawfully applies to become a lawful permanent resident — a green card holder — without having to leave the country and go through a U.S. consulate abroad.

For family-based cases, this process begins when a qualifying U.S. citizen sponsors an immediate family member by filing an immigrant petition on their behalf. Who is able to be a sponsor depends.

U.S. Citizens Can Sponsor:

  • Spouses
  • Unmarried children under 21
  • Parents (if the U.S. citizen is 21 or older)

The relationship between sponsor and beneficiary determines which preference category applies, as well as how long the process may take.

Conditional Permanent Residence

If a marriage is less than two years old at the time a spousal green card is approved, the foreign national spouse receives conditional permanent residence that is valid for two years rather than ten. Before that two-year period expires, both spouses must jointly file a Petition to Remove Conditions on Residence (Form I-751) to obtain full, unconditional permanent residence.

If the marriage has ended, or if the U.S. citizen spouse is unwilling to cooperate, there are options, including filing for a waiver of the joint filing requirement. We advise clients in these stressful, confusing situations.

The Adjustment of Status Process

While every case has its own unique details, the general process follows these steps:

Step 1: File the Immigrant Petition (Form I-130)

The U.S. citizen sponsor files a Petition for Alien Relative jointly with the Adjustment of Status Application, Employment Authorization Application, and the Travel or Advance Parole Application. This allows the applicant to work and travel internationally while their green card application is pending, if eligible, with USCIS.

Step 2: Attend the Biometrics Appointment

USCIS will schedule an appointment to collect fingerprints and photographs for background check purposes.

Step 3: Attend the Adjustment of Status Interview

Most family-based applicants are required to attend an in-person interview at their local USCIS field office. The officer will review the application, ask questions about the relationship and background, and determine whether the applicant is eligible for permanent residence.

Step 4: Receive a Decision

If approved, the applicant receives their green card, typically by mail within a few weeks of the interview. If additional evidence is needed, USCIS will issue a Request for Evidence. If denied, there may be options to appeal or seek other relief.

Why Choose The Pablos Law Firm, P.C.

The attorneys at Pablos Law Firm, P.C. are dedicated to helping clients achieve the best possible outcomes for their immigration goals. Clients all over the United States and internationally continue to rely on our firm for guidance for many reasons, including:

  • Over 20 years of experience
  • Locally owned & operated business
  • Clear and continuous communication in both English and Spanish
  • Professionals recognized by several legal associations
    ○ American Immigration Lawyers’ Association (AILA)
    ○ American Bar Association (ABA)
    ○ Texas Bar Association
    ○ El Paso Bar Association (EPBA)

Frequently Asked Questions

Can I work while my green card application is pending?

Yes, in most cases. We file for an Employment Authorization Document (EAD) at the same time as your I-485. Once approved, you may work for any employer in the United States.

Only with an Advance Parole document. Leaving the U.S. without it can result in the abandonment of your pending application. We make sure you understand the rules before you travel.

USCIS will look at all the circumstances. A shorter or unconventional relationship is not disqualifying, but it does require thorough preparation and strong documentation of the genuine nature of the relationship.

Entering without a visa or parole document can create complications, but it is not automatically disqualifying for all applicants. We evaluate each situation individually.

Published processing times can vary month-to-month, but the process typically takes six months to over a year depending on the local USCIS field office. We provide realistic estimates based on current published processing times during your consultation.

Schedule Your Initial Consultation

We Are Here for Your Family

Immigration law moves fast and the consequences of errors are serious. You deserve an attorney who will prepare your case carefully, communicate with you clearly, and advocate for your family at every step. Call (915) 543-9100 or contact The Pablos Law Firm, P.C. online to get started right away.

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