This brief guide provides insight into the adjustment of status of an immediate relative as a spouse of a United States Citizen.
Adjustment of Status and Immediate Relative
Adjustment of Status is a legal term denoting the recording of a persons status as a lawful permanent resident. In an adjustment of status case, the alien is physically present in the United States and has a visa number available to him/her because he is an immediate relative. An immediate relative is a spouse, parent or child under 21 of a United States Citizen
Spouse as Immediate Relative
A spouse is an immediate relative of a United States Citizen. This means that a visa number is available to him/her if an I-130 immigrant visa petition is approved. The person is not subject to the visa quoata system. However, the process of adjustment of status is the second part of this process. The person may be eligible for an approved I-130 immigrant visa petition, but he or she may or may not be eligible for a green card due to a criminal record, previous deportation or other reasons. So think of the adjustment of status process as being in two parts. First, a person needs an immigrant visa and second the person needs to be admissible to the United States as a lawful permanent resident.