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Which "immediate relatives" can help you adjust your immigration status?

The following people are classified as immediate relatives, and are not subject to the waiting period referenced here. They can apply for adjustment of status as soon as USCIS approves the I-130. They might even be able to file the I-130 and application for adjustment of status simultaneously.

  • Spouses of U.S. citizens
  • Parents of U.S. citizens
  • Children of U.S. citizens who are unmarried and under 21 when the I-130 is filed

If you don’t fall into one of the categories mentioned immediately above, then you can’t apply for adjustment of status until your priority date is current—that is, until the government starts working on petitions filed on or before the date your petition was filed. Your priority date will be on your I-130 Approval Notice (Form I-797).

The second part of the process: Once the I-130 has been approved, you can apply for adjustment of status by filing Form I-485.

This article gives an overview of what an adjustment of status process looks like as a deportation defense