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Adjustment of Status for Adult Children of U.S. Citizens

How to handle the Adjustment of Status for adult children of U.S. citizens?

If you are a U.S. citizen and have an adult child in the U.S., you may face some legal complications if he or she has overstayed his or her visa. Here are the steps to follow.

Step 1: Approved Petition

First, you need to have an approved petition for your adult child. However, if he or she is in the U.S. without legal status, you cannot adjust status within the country unless you apply for a waiver.

Step 2: Apply for a Waiver

Generally, you will need to apply for a waiver to forgive unlawful presence. This process currently takes about 45 months, more than three years. Once the waiver is approved, the next step is the visa interview, which is conducted outside the U.S.

Step 3: Visa Interview

It is important to know that the visa interview does not take place in the U.S. Many people do not realize that they need to apply for the waiver and only find out when they are already in the visa interview process.

Final Tips

Before your petition is approved, it is crucial to contact an attorney. If you find yourself in this situation, act quickly to secure your legal status.

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