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Adjustment of status in the Immigration and Nationality Act (INA) of the United States refers to the legal process of conferring permanent residency upon any alien who is a refugee, asylee, nonpermanent resident, conditional entrant, [1] parolee, and others physically present in the United States.
In order for the applicant to obtain the K-3 visa, the U.S. citizen spouse must file a Form I-129F listing the applicant as beneficiary (this is in addition to the pending Form I-130 petition). The K-3 status (and any dependent K-4 status) automatically expires 30 days after any of these: The USCIS denies or revokes the Form I-130 petition
The Stokes interview originated from the Federal District court case of Stokes vs. the INS in 1975. Two U.S. citizens, Charles Cook and Bernard Stokes, who married citizens of Guyana filed a suit challenging the INS procedure for determining whether to grant preferential status on the ground that the two non-citizens were "immediate relative" of U.S. citizens.
The corresponding form used for Adjustment of Status to that of a Lawful Permanent Resident is Form I-485. However, whereas Form I-485 is always needed when adjusting status within the United States to that of Lawful Permanent Resident from a non-immigrant status, Form I-539 is only needed for some kinds of transitions or extensions of stay. [2 ...
The program known as Parole in Place (PIP) was designed to allow foreign nationals without any lawful documented status, never granted any lawful entry of inspection or travel visa, and married to American citizens the opportunity to adjust their status while residing within the United States, instead of waiting for a consular processing and personal interview at a U.S. Consulate at their ...
[45] [46] In some cases, the applicant will be interviewed at a USCIS office, especially if it is a marriage-based adjustment from a K-1 visa, in which case both spouses (the US citizen and the applicant) will be interviewed by the USCIS. If the application is approved, the alien becomes an LPR, and the actual green card is mailed to the alien ...
The USCIS does not allow an alien to pursue consular processing and adjustment of status (AOS) simultaneously. Prior to filing the form I-485 (Adjustment of Status) it is required that the applicant have a medical examination performed by a USCIS-approved civil surgeon. The examination includes a blood test and specific immunizations, unless ...
The rules, codified in section 202(b) of the Immigration and Nationality Act, [2] allow USCIS to determine the country of chargeability according to the following rules: When an applicant is a child, accompanied by or joining a parent, the child may be charged to the foreign state of either parent.
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