Moving through the U.S. immigration system is rarely simple, especially when your goal is to keep your family together. If you are currently living in the United States and wish to become a lawful permanent resident (green card holder) without returning to your home country, you might be eligible for a process called “Adjustment of Status” (AOS). Specifically, family-based AOS is one of the most common ways individuals in the Dallas-Fort Worth area secure their future here.
This guide breaks down what family-based Adjustment of Status is, who qualifies, and how the process works specifically for residents of the DFW metroplex. We will also point you toward local resources that can help you on your journey.
What Is Family-Based Adjustment of Status?
Adjustment of Status is the legal process used by eligible foreign nationals currently inside the United States to apply for lawful permanent resident status. When we talk about “family-based” AOS, we refer to eligibility based on a relationship to a U.S. citizen or a permanent resident relative.
This is a critical distinction. If you are outside the U.S., you go through “Consular Processing.” If you are already here—perhaps on a student visa, work visa, or visitor visa—AOS allows you to stay in the U.S. while your application is processed. This means you don’t have to endure long separations from your family while waiting for approval.
Who Qualifies for Family-Based AOS?
Not everyone with a relative in the U.S. qualifies for Adjustment of Status. The system prioritizes certain relationships over others. Generally, applicants fall into two main categories:
1. Immediate Relatives of U.S. Citizens
This category has a huge advantage: there is no annual cap on the number of visas available. A visa number is immediately available once the petition is approved. You qualify as an immediate relative if you are:
- The spouse of a U.S. citizen.
- An unmarried child under 21 years of age of a U.S. citizen.
- A parent of a U.S. citizen (if the citizen is at least 21 years old).
2. Family Preference Categories
These categories apply to more distant family relationships or relatives of Green Card holders. There is a limit on the number of visas available each year, which often creates waiting lists (known as priority dates). These categories include:
- F1: Unmarried sons and daughters (21 or older) of U.S. citizens.
- F2A: Spouses and children (under 21) of lawful permanent residents.
- F2B: Unmarried sons and daughters (21 or older) of lawful permanent residents.
- F3: Married sons and daughters of U.S. citizens.
- F4: Brothers and sisters of U.S. citizens (if the citizen is 21 or older).
The “Lawful Entry” Requirement
Crucially, to adjust your status from within the U.S., you generally must have entered the country lawfully. This usually means you were inspected and admitted or paroled by an immigration officer at a port of entry. If you entered without inspection, you may face significant hurdles and should consult an Adjustment of Status Attorney immediately to discuss potential waivers or alternative options.
The Application Process in DFW
Applying for AOS involves several steps and forms. While federal laws govern immigration, your local USCIS field office in Dallas or Irving will handle your interview.
Step 1: The Petition (Form I-130)
Your U.S. citizen or resident relative must file Form I-130 (Petition for Alien Relative). This form proves that a valid family relationship exists. For “Immediate Relatives,” this form can often be filed concurrently (at the same time) as the AOS application.
Step 2: The Application (Form I-485)
This is the actual application to register permanent residence. It asks for your biographical information, history, and admissibility details.
Step 3: Biometrics and Medical Exam
After filing, you will receive a notice to visit a local Application Support Center (ASC) in the DFW area for fingerprinting and a photo. You must also undergo a medical examination by a designated civil surgeon in the Dallas-Fort Worth area to ensure you don’t have any health conditions that make you inadmissible.
Step 4: The Interview
Most family-based AOS applicants are required to attend an interview. For residents of DFW, this usually takes place at the USCIS Field Office in Irving or Dallas. An officer will review your application, verify your documents, and ask questions to confirm the legitimacy of your relationship (especially for marriage-based cases).
Specific Considerations for DFW Residents
Living in a major metroplex like Dallas-Fort Worth offers benefits and specific challenges for your immigration case.
Processing Times:
The USCIS Dallas Field Office handles a high volume of cases. Processing times fluctuate, often ranging from several months to over a year. It is vital to keep your address updated with USCIS if you move from one DFW suburb to another to ensure you receive interview notices.
Transportation and Logistics:
DFW is sprawling. If your appointment is at the Irving Field Office but you live in Plano or Fort Worth, plan your travel carefully. Traffic can be unpredictable, and being late to a USCIS appointment can result in a denial of your application.
Scam Awareness:
In large immigrant communities like DFW, “notarios” often promise cheap legal help but are not licensed attorneys. In the U.S., a notary public is not a lawyer and cannot offer legal advice. Relying on unqualified help can lead to mistakes that permanently damage your immigration chances.
Free Local Resources in DFW
While professional legal counsel is recommended for filing, several non-profit organizations in the DFW area provide support, information, and sometimes low-cost legal assistance for immigrants.
- Catholic Charities Dallas: Their Immigration Legal Services division offers consultations and assistance with family-based petitions for eligible low-income residents.
- Mosaic Family Services: Based in Dallas, they provide support for immigrants, particularly those who are survivors of human rights abuses or domestic violence, helping them navigate legal systems.
- Proyecto Inmigrante ICS, Inc.: This organization serves the DFW area with immigration counseling and legal representation services at affordable rates compared to private firms.
- Light of Hope Immigration Law Center: Located in Plano, this non-profit offers low-cost immigration legal services to families in North Texas.
Next Steps for Your Application
Family-based Adjustment of Status is a life-changing process that opens the door to permanent residency and, eventually, citizenship. However, the paperwork is dense, and the rules regarding admissibility can be strict. A single error on a form or a misunderstanding of the “public charge” rule can delay your case or lead to a denial.
If you are unsure about your eligibility or have a complex history (such as previous visa overstays or arrests), do not guess. Seek professional guidance to review your specific situation. Securing your green card is an investment in your family’s future in Texas. Take the time to get it right.
