Many families begin the immigration process with the same goal. They want their loved one to live lawfully in the United States and eventually become a permanent resident. However, the path to a green card is not the same for everyone. Some people qualify for adjustment of status through marriage, while others must go through a different type of family petition. Understanding the difference can help you plan your case correctly and avoid delays.
Both options fall under family-based immigration, but the requirements, timelines, and steps are not identical. This guide explains how each process works and when one option might apply instead of the other.
What Is Adjustment of Status Through Marriage
Adjustment of status is the process that allows someone already in the United States to apply for a green card without leaving the country. When a person is married to a U.S. citizen, they may be able to complete the entire green card process inside the United States.
To qualify for marriage-based adjustment of status, a person must meet certain requirements. They must have entered the United States lawfully, even if their current status has expired. They must be married to a U.S. citizen, and the marriage must be real. It cannot exist only for immigration purposes. The applicant must also meet general admissibility requirements, such as passing a background check and medical exam.
One important advantage of adjustment of status through a U.S. citizen spouse is that visas are always available for immediate relatives. There is no annual limit and no waiting list. Once the application is accepted, the applicant can also apply for a work permit and a travel document.
For many families, the ability to stay in the United States during the process is a major benefit. It makes life more stable while the case is pending. Because this option is so common, it is one of the primary family immigration services offered by Vanderwall Immigration.
What Is a Family Petition
A family petition is a broader category in immigration law. It includes many types of family relationships, not only marriages. A U.S. citizen or lawful permanent resident can file a petition for a spouse, parent, child, or sometimes a sibling. The petition itself is only the first step. It does not give the foreign family member immigration status on its own.
Once the petition is approved, the next step depends on whether a visa is available for that specific category. For example, a permanent resident petitioning for a spouse must wait for a visa number to become available. These cases fall into the family preference system, which has annual limits. This creates visa backlogs for many families.
If the foreign family member is outside the United States or does not qualify for adjustment of status, they may need to complete the process through consular processing. This means they will attend an interview at a U.S. consulate abroad. After approval, they can enter the United States as a permanent resident.
Family petitions can help many relatives, including spouses, but the exact path depends on the sponsor’s status and the applicant’s situation. If the applicant has certain inadmissibility issues, they may need help with Waivers of Inadmissibility before proceeding.
Key Differences Between the Two Processes
Although both options are part of family immigration, there are several important differences.
1. Who can qualify
Adjustment of status through marriage is mainly for spouses of U.S. citizens who are already in the United States and entered lawfully. A family petition can be used for many relatives, regardless of whether they are inside or outside the country.
2. Visa availability
Marriage to a U.S. citizen provides immediate relative status. Visas are always available, and there is no waiting list. Many family petitions filed by permanent residents fall into preference categories with visa backlogs.
3. Whether the applicant can stay in the United States
Adjustment of status allows the applicant to remain in the country while the case is processed. In many family petition cases, especially if the applicant is outside the U.S., consular processing is required.
4. Processing times
Adjustment of status through marriage is often faster because there is no visa wait time. Family petitions for preference categories can take years depending on the family relationship and country of origin.
5. Benefits during the process
Adjustment of status applicants can apply for work permits and travel authorization. Family petition beneficiaries usually cannot receive benefits until later in the process.
Understanding these differences is important for choosing the right path. Consulting with Vanderwall Immigration helps families select the correct strategy from the start.
When Adjustment of Status Is the Best Option
Adjustment of status through marriage is often the best choice when the foreign spouse is already in the United States and qualifies based on their entry. It avoids international travel, keeps the family together, and usually provides more predictable timelines.
It is also useful when there are concerns about traveling abroad. Some applicants risk being denied reentry due to past immigration problems. Others face long wait times for consular interviews in their home countries. In these situations, staying in the United States while filing for a green card can be safer and more efficient.
Couples considering this option should confirm eligibility as early as possible. If necessary, a lawyer may recommend additional steps such as gathering evidence of the marriage or reviewing past immigration history before submitting the application.
When a Family Petition Is the Better Choice
A family petition may be the better option when the applicant does not qualify for adjustment of status. For example, if someone entered the United States without inspection or has certain inadmissibility issues, adjustment might not be available. In those cases, the process may require consular processing along with possible waivers.
Family petitions are also necessary when the sponsor is a lawful permanent resident rather than a U.S. citizen. Permanent residents cannot always file for immediate adjustment of status. Their spouse or children may need to wait for a visa number before moving to the next stage.
These situations require careful planning. Some families may also qualify for special avenues of relief such as VAWA and U Visas if there has been abuse or harm. Others may be eligible for humanitarian protections like TPS.
Common Challenges in Both Processes
Regardless of which path you use, several challenges can appear during the family immigration process.
- Missing or incomplete documents
- Insufficient evidence of the relationship
- Prior immigration violations
- Past criminal issues
- Delays caused by incorrect forms or outdated information
- Misunderstanding which process applies to your situation
Immigration law involves many details, and each family’s situation is unique. At Vanderwall Immigration, we help each family navigate these processes, so they can avoid mistakes and delays.
Frequently Asked Questions
Is marriage to a permanent resident enough for adjustment of status?
Not always. A spouse of a permanent resident may need to wait for a visa number before adjusting status, and not everyone qualifies to adjust in the United States.
Can I stay in the United States while my family petition is pending?
A pending family petition does not give lawful status. Whether you can stay depends on your current immigration situation.
What if my spouse becomes a U.S. citizen during the process?
If a permanent resident spouse naturalizes, the case may move into the immediate relative category. This often speeds up the process.
Do family petitions expire?
The petition itself does not expire, but you must continue to meet eligibility requirements. Major changes in family circumstances can affect the case.
Do I need an attorney for adjustment of status or a family petition?
While not required, many families choose to work with an attorney due to the complexity of the process and the importance of avoiding errors.
Get Help With Your Marriage or Family Based Immigration Case
Choosing between adjustment of status and a family petition can feel overwhelming, especially when every family situation is different. Vanderwall Immigration helps individuals and families understand their options, prepare strong applications, and avoid unnecessary delays.
You can meet with an experienced attorney to plan your next steps. Schedule an appointment today for guidance with your marriage-based or family-based immigration case. We are here to help.
The information provided in this blog is for general informational purposes only and does not constitute legal advice. Immigration laws are complex and constantly changing, and the details discussed here may not apply to your specific situation. Reading this post does not create an attorney–client relationship. For legal guidance regarding your case, please contact Vanderwall Immigration directly.
