Section 5 Marriage Within the United States to a U.S. Citizen

LibraryImmigration Law Impacts in Family Law 2011

The more common scenario is one in which the non-USC is present in the United States at the time of the marriage and of the filing of the application for permanent residency. When this scenario is pursued, the process of applying for LPR status is known as seeking “adjustment of status” and is governed by § 245 of the INA (Immigration and Nationality Act), Pub. L. No. 82-414, 66 Stat. 163. Adjustment of status consists of the following two steps:

1. The USC spouse files a Form I-130, Immigrant Petition for Alien Relative, accompanied by a variety of...

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