A permanent residence application is termed an Application to Register Permanent Residence or Adjust Status (form I-485). At present, the filing fee is $1070. Separate filing fee for child(ren) (under 14 $635) and (14 and over $1070). The fee includes an Application for Travel Document (form I-131), Application for Employment Authorization (form I-765) and a… Read More
FAQs about the Permanent Residence Process
The foreign spouse is sent a notice to appear at the USCIS District Office in order for biometrics (fingerprints) to be captured. This allows the USCIS to perform a background check of your foreign spouse.
An Application for Travel Document (form I-131) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Advanced Parole Document to allow the foreign spouse to depart and re-enter the United… Read More
An Application for Employment Authorization (form I-765) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Employment Authorization Document (EAD) to allow the foreign spouse to work legally in the… Read More
Yes. The U.S. citizen and foreign spouse must be legally married at the time of filing.
Yes. There is no USCIS requirement that the foreign spouse’s U.S. citizen spouse be employed in order to file a permanent residence. However, in order for the USCIS to issue permanent residence, evidence must be presented that the U.S. citizen spouse is able to financially support a foreign spouse. If the U.S. citizen spouse is… Read More
Yes. The eligibility to file a permanent residence application by a same-sex foreign spouse will be determined according to the immigration laws applicable to an opposite-sex spouse. If the same-sex foreign spouse is married to a permanent resident (as opposed to a U.S. citizen) then the same-sex foreign spouse can only file the application when… Read More
The foreign spouse of a permanent resident (as opposed to a U.S. citizen) is not considered an immediate relative. An immediate relative is the spouse, child (unmarried person under 21 years of age) or parent (if a U.S. citizen, must be at least 21 years old) of a U.S. citizen. There is no limit on… Read More
Yes. If the spouse is a permanent resident (as opposed to a U.S. citizen) then the foreign spouse can only file the application when an immigrant visa number becomes available. The wait time can be years.
The foreign spouse’s child must be physically present in the United States. The foreign spouse’s child must have entered the United States legally. The foreign spouse was legally married to the U.S. citizen before the child(ren) reach the age of 18. The USCIS approves the permanent residence application while the child is under 21 and… Read More