Yes, you may. Feel free to contact us for assistance with your petition. More info is available in the USCIS FAQ regarding same-sex marriages and immigration benefits.
The application is available online at www.uscis.gov/i-821d.
A Republican president may or may not continue the Deferred Action policy. However, a Republican president will not necessarily revoke deferred action granted to anyone while the policy was in effect. This means that, if a Republican becomes president, new applications for Deferred Action may not be accepted. If a Republican becomes president, we cannot guarantee that Immigration will not act on the information it has obtained from Deferred Action applicants. However, Immigration has repeatedly emphasized that it will continue to focus its limited resources on criminal immigrants that are a danger to the community.
You may not travel outside of the United States while your Deferred Action application is being considered. If your application for Deferred Action is granted, you must apply for advanced parole in order to travel outside of the United States. Please call our office to discuss the process for applying for advanced parole.
No. Your spouse will receive a green card first if the correct procedure is followed, and if your spouse is eligible.
The Immigration and Nationality Act is a law that governs immigration in the United States. For the part of the law concerning most types of permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245
To find out who may apply for permanent residence in the United States, please contact us to get eligibility information. (Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. For more information, please contact our immigration lawyers to learn more.)
To find out how you can apply to become a lawful permanent resident of the United States, please contact us to learn more – we will help you identify what you need to do. After you submit your application materials, you will be asked to go to a USCIS office to answer questions about your applications. Don’t worry, we will help you through this process.
Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States. For more information, please contact us.
We will contact the USCIS office that received your application on your behalf to ensure that the process for you is as smooth as possible. We will work with the USCIS staff to obtain the specific information that you may need.
The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which took place while the alien’s application was in process or those based on Section 586 of Public Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These appeals must be made to the Administrative Appeals Unit (AAU). Be assured that we can help you through this process if necessary. Contact Our Immigration Attorneys