Chicago Marriage Immigration Lawyers

Marriage-based adjustments offer a critical pathway for spouses of U.S. citizens or lawful permanent residents to obtain their green cards and achieve residency in the United States. This process, also called Adjustment of Status (AOS), allows applicants already in the U.S. to transition from a temporary visa to permanent residency without leaving the country. For many families, this marks a significant step in building a future together.

What Is a Marriage-Based Adjustment?

A marriage-based adjustment allows a qualifying spouse of a U.S. citizen or lawful permanent resident to apply for permanent residence (green card) based on their marital relationship. After approval, the applicant is granted lawful permanent resident status, which opens the door to stability, work authorization, and a path to citizenship.

To qualify for a marriage-based adjustment, the couple must meet the eligibility requirements, including proof of a valid, bona fide marital relationship. This means the marriage must be legally recognized and entered into in good faith—not solely for immigration benefits.

Steps and Requirements

The process involves the following key steps:

1. Establishing Eligibility
   • If the sponsoring spouse is a citizen, there is no limit on visas, meaning the application can proceed without waiting for a priority date.
   • If the sponsoring spouse is a lawful permanent resident, the applicant may need to wait for visa availability in the appropriate preference category.
2. Filing the Petition
   • The sponsoring spouse files a Form I-130, Petition for Alien Relative, to establish the legitimacy of the marital relationship. This includes submitting documentation such as marriage certificates, joint financial records, photos together, and affidavits from friends or family.
3. Adjustment of Status Application
   • If the applicant is already in the United States on a valid visa, they may file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with the I-130 (if eligible) or afterward, once the petition is approved. This requires submitting biographic details, financial documents, and medical examination records.
4. Biometrics & Interviews
   • The applicant attends a biometrics appointment and may be required, along with the sponsoring spouse, to participate in a personal interview with U.S. Citizenship and Immigration Services (USCIS). During the interview, USCIS officers verify the marriage’s authenticity and confirm eligibility.
5. Approval and Green Card Issuance
   • Upon approval, the applicant receives their green card. Conditional green cards (valid for two years) are usually granted in situations where the marriage is less than two years old. These conditions can later be removed with subsequent filings.

Why Legal Guidance Is Vital

From completing forms correctly to presenting evidence effectively, the marriage-based adjustment process requires precision and adherence to U.S. immigration regulations. Mistakes, delays, or insufficient documentation can significantly affect the outcome of an application. Legal guidance ensures all necessary steps are followed while minimizing potential issues.

At Hussain, Bendersky & Liston LLC, we understand the stakes involved in family immigration matters. Our firm is committed to helping clients avoid common errors while navigating one of the most personal and important immigration pathways available.

Why Choose Hussain, Bendersky & Liston LLC

With over 35 years of combined experience, Hussain, Bendersky & Liston LLC has successfully guided countless clients through complex family-based immigration cases, including marriage-based adjustments. We take a meticulous approach to each case, tailoring strategies to meet your unique circumstances.

Our attorneys prioritize clear communication and transparency, keeping you informed and supported at every stage. From preparing your petition to attending interviews, we work as your advocate, ensuring your application is as strong as possible. We also recognize the emotional nature of these cases and strive to alleviate stress while working toward a positive outcome for your family.

Contact Hussain, Bendersky & Liston LLC today to schedule a consultation. We will help you build the foundation for your future, ensuring confidence and clarity at every step of the marriage-based adjustment process.