Adjustment of Status for Spouses and Immediate Relatives: New Jersey Specifics

Adjustment of status is a process that allows certain individuals to apply for permanent residency without leaving the United States. This process is often used by spouses and immediate relatives of U.S. citizens or lawful permanent residents. In New Jersey, the adjustment of status process follows federal guidelines, but there are some important considerations specific to the state that may affect applicants. Understanding how this process works and what you need to prepare for can make all the difference when seeking permanent residency for yourself or a loved one. At, The Scheer Immigration Law Group, we are here to guide you through the legal process and help you navigate the complexities of your case.

Who Can Apply for Adjustment of Status?

Adjustment of status is available to certain people already in the United States who meet specific criteria. For spouses and immediate relatives, the main requirement is that they are related to a U.S. citizen or lawful permanent resident. Immediate relatives include spouses, unmarried children under the age of 21, and parents of U.S. citizens. The key advantage of being an immediate relative is that there is no limit on the number of visas available to this group, which can significantly speed up the process compared to other family-based immigration categories.

In New Jersey, just like the rest of the country, spouses of U.S. citizens are considered immediate relatives, making them eligible for this faster processing. If you are a lawful permanent resident, your spouse may still apply for adjustment of status, but the process may take longer due to visa availability limits for this group. Unmarried children under 21 and parents of U.S. citizens also qualify as immediate relatives, and they can benefit from the same quicker path to permanent residency.

The Application Process

The adjustment of status process involves several steps, and it’s important to follow them carefully to avoid delays or complications. The first step is filing the necessary forms with U.S. Citizenship and Immigration Services (USCIS). The main form required for adjustment of status is Form I-485, which is the Application to Register Permanent Residence or Adjust Status. Along with this form, you will also need to submit Form I-130, the Petition for Alien Relative, which is filed by the U.S. citizen or permanent resident sponsoring the applicant.

In New Jersey, you must ensure that all forms are filled out accurately and completely. Mistakes on these forms can lead to rejections or requests for additional information, which can cause significant delays. It is also necessary to submit supporting documentation, such as proof of your relationship, birth certificates, marriage certificates, and other documents that show you meet the eligibility requirements.

Once the forms and supporting documents are submitted, USCIS will review the application and schedule a biometric services appointment. At this appointment, the applicant will provide fingerprints, photos, and signatures, which are used for background checks. After the biometric appointment, USCIS may request additional evidence if necessary. It is crucial to respond to any requests promptly to keep the process moving forward.

The Interview Process

After the paperwork is reviewed and any additional evidence is provided, most applicants will be scheduled for an interview at a local USCIS office. In New Jersey, this interview will take place at the USCIS field office closest to the applicant’s residence. During the interview, the officer will ask questions to confirm the validity of the relationship and ensure that the applicant is eligible for permanent residency.

For spouses, the interview typically focuses on the marriage, including how the couple met, details about their life together, and proof of the relationship’s legitimacy. It’s important to be prepared with evidence that supports the validity of the marriage, such as joint bank accounts, leases, or mortgages, and family photos. If the officer is satisfied with the interview, they may approve the application on the spot or send a decision by mail later.

For immediate relatives such as children or parents, the interview may focus on the relationship and the applicant’s eligibility for adjustment of status. As with spouses, providing thorough documentation and being prepared to answer questions about the relationship can help the interview go smoothly.

Waivers and Inadmissibility Issues

Sometimes, applicants may face challenges due to inadmissibility issues. Inadmissibility can arise for various reasons, including unlawful presence in the United States, criminal history, or certain medical conditions. If you are deemed inadmissible, your application may be denied unless you can obtain a waiver.

In New Jersey, applicants facing inadmissibility issues can apply for a waiver by filing Form I-601, Application for Waiver of Grounds of Inadmissibility. This form allows applicants to request forgiveness for certain grounds of inadmissibility. For example, if a spouse has been unlawfully present in the U.S. for an extended period, they may need to apply for a waiver to overcome this issue.

Waivers are not guaranteed, and they require strong evidence to support the request. It is essential to provide detailed documentation explaining why the waiver should be granted, such as proof that denying the waiver would cause extreme hardship to the U.S. citizen or permanent resident relative. Given the complexities involved in waiver applications, working with an immigration attorney in New Jersey can significantly increase your chances of success.

Processing Times and Factors Affecting the Timeline

The timeline for adjustment of status can vary based on several factors, including the applicant’s specific situation, USCIS processing times, and any issues that arise during the process. For spouses and immediate relatives in New Jersey, processing times for adjustment of status applications can range from several months to over a year. One of the primary factors affecting processing times is whether the applicant is a spouse of a U.S. citizen or a lawful permanent resident. Spouses of U.S. citizens generally have faster processing times due to the immediate relative category.

Other factors that can affect the timeline include the completeness of the application, whether additional evidence is requested, and the availability of interview slots at local USCIS offices in New Jersey. It is also important to note that if the applicant faces inadmissibility issues or requires a waiver, the process may take longer as USCIS will need additional time to review and approve the waiver.

Work and Travel Authorization

While waiting for your adjustment of status application to be processed, you may be able to apply for work and travel authorization. Form I-765, Application for Employment Authorization, allows applicants to work legally in the U.S. while their adjustment of status is pending. Form I-131, Application for Travel Document, allows applicants to travel outside the U.S. and return without abandoning their application.

In New Jersey, applicants should carefully consider whether to apply for work or travel authorization, as these forms require additional processing time. It is important to note that traveling outside the U.S. without an approved travel document could result in your adjustment of status application being denied, as leaving the country is generally considered abandonment of the application.

What are the Requirements to File for U.S Citizenship?

Including Your Spouse and Children in a Green Card Application

Working While an Adjustment Application is Pending

What Happens After Approval?

If your adjustment of status application is approved, you will receive a notice in the mail, and a green card will be issued. This green card grants you permanent residency, allowing you to live and work in the U.S. permanently. Spouses of U.S. citizens who have been married for less than two years will initially receive a conditional green card, which is valid for two years. Before the two years are up, you must file Form I-751, Petition to Remove Conditions on Residence, to receive a permanent 10-year green card.

For immediate relatives such as children or parents, the green card will typically be issued without conditions. As a green card holder, you will have most of the rights and responsibilities of U.S. citizens, though you will not be able to vote in federal elections. After holding a green card for five years (or three years if you are married to a U.S. citizen), you may be eligible to apply for U.S. citizenship through the naturalization process.

Navigating the adjustment of status process can be complicated, especially when considering state-specific factors in New Jersey. Ensuring that all forms are completed accurately, attending interviews, and dealing with any inadmissibility issues can be overwhelming for applicants and their families. Having knowledgeable legal assistance can make all the difference in ensuring a smooth process and avoiding unnecessary delays.

At The Scheer Immigration Law Group, we understand the challenges that come with applying for adjustment of status for spouses and immediate relatives. Our dedicated team is here to guide you through every step of the process, from preparing and submitting forms to representing you in interviews and addressing any legal obstacles. If you or a loved one is seeking permanent residency in New Jersey, contact The Scheer Immigration Law Group today for personalized assistance and support throughout your immigration journey.