How can one adjust status based upon familial relationship?
Adjusting status through a family relationship is usually a two step process. First, the qualifying family member must submit a visa petition on behalf of relative by filing Form I-130, Petition for Alien Relative. Once the visa petition is approved by the appropriate BCIS office, then adjustment application known as I-485 will be made. The only exception for this two-step process is when the beneficiary of the visa petition is an “immediate relative.” In such cases, one can concurrently file the I-130 along with the I-485.
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