In 2015, the United States Supreme Court ruled that same-sex marriage is legal nationwide. This decision brought relief to many couples who had been waiting for years for the same legal recognition as opposite-sex couples. However, the process of obtaining legal recognition and immigration benefits can still be complicated for same-sex couples, especially if one spouse is not a U.S. citizen.

One of the benefits that same-sex couples may be eligible for is the adjustment of status. This is a process by which a non-U.S. citizen can become a permanent resident of the United States (also known as a green card holder) without having to leave the country. In the case of a same-sex couple, the non-U.S. citizen spouse can apply for adjustment of status based on their marriage to a U.S. citizen or permanent resident spouse.

If you are a same-sex couple living in New Jersey, here are some important things to know about the adjustment of the status process:

Eligibility Requirements

To be eligible for adjustment of status, the non-U.S. citizen spouse must meet certain criteria, including:

• Being physically present in the United States
• Being married to a U.S. citizen or permanent resident spouse
• Having entered the United States legally
• Having no criminal history or other disqualifying factors
• Filing Form I-485

To apply for adjustment of status, the non-U.S. citizen spouse must file Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS). This form requires detailed information about the applicant’s personal background, immigration history, and current employment status.

Supporting Documentation

Along with Form I-485, the non-U.S. citizen spouse must also submit a variety of supporting documentation, including:

• Marriage certificate
• Passport and other identification documents
• Employment authorization documents (if applicable)
• Medical examination report
• Police clearance certificate (if applicable)

Interview and Decision

After USCIS receives the application and supporting documentation, the non-U.S. citizen spouse will be scheduled for an interview with an immigration officer. During the interview, the officer will ask questions to verify the information provided in the application and to assess the validity of the marriage.

After the interview, USCIS will make a decision on the application. If approved, the non-U.S. citizen spouse will receive a green card and be able to live and work in the United States permanently. If denied, the spouse may be subject to removal (deportation) proceedings.

Legal Assistance

Navigating the adjustment of status process can be complex and confusing, especially for same-sex couples who may face additional challenges and questions. It is important to consider consulting with an experienced immigration attorney who can provide guidance and support throughout the process.

Special Considerations for Same-Sex Couples

While the Supreme Court’s decision in 2015 made same-sex marriage legal nationwide, there are still some unique challenges that same-sex couples may face when applying for immigration benefits. For example, if the couple was not able to marry in their home country, they may need to provide additional evidence to prove the validity of their marriage. Additionally, if the non-U.S. citizen spouse entered the country illegally, they may not be eligible for adjustment of status and may need to consider other options.

Timeframes and Processing Times

The adjustment of status process can take several months to complete, depending on the complexity of the case and the workload of USCIS. It is important to be patient and prepared for potential delays. However, there are certain circumstances in which USCIS may expedite a case, such as if the non-U.S. citizen spouse has a serious medical condition or if there are other humanitarian reasons.

Conditional Permanent Residence

In some cases, USCIS may grant conditional permanent residence to a non-U.S. citizen spouse who is approved for adjustment of status. This means that the spouse’s green card is only valid for a limited period of time (usually two years) and that they must file a petition to remove the conditions before the expiration date. This process is designed to ensure that the marriage is still valid and that the non-U.S. citizen spouse did not obtain the green card fraudulently.

Maintaining Legal Status

While the adjustment of status process is pending, it is important for the non-U.S. citizen spouse to maintain their legal status in the United States. This may include renewing their visa or other immigration documents, staying up-to-date on their taxes, and avoiding any criminal activity that could jeopardize their eligibility for adjustment of status.

The adjustment of status process can be a valuable option for same-sex couples in New Jersey who want to obtain legal recognition and immigration benefits for their spouse. By understanding the requirements, filing procedures, and potential challenges, couples can better prepare for the process and increase their chances of success. With the help of an experienced immigration attorney, couples can navigate the process with confidence and achieve their goal of living and thriving in the United States.

The Scheer Immigration Law Group is a team of experienced immigration attorneys who can provide assistance with all aspects of the adjustment of status process for same-sex couples in New Jersey. Here are some ways in which our team can help:

Eligibility Assessment

Our attorneys can review the non-U.S. citizen spouse’s immigration history, criminal record, and other factors to determine their eligibility for adjustment of status. If the spouse is not eligible for adjustment of status, we can explore other options for obtaining legal status in the United States.

Preparation and Filing of Form I-485

Our team can assist with the preparation and filing of Form I-485, ensuring that all necessary documentation is included and that the application is submitted correctly and on time.

Supporting Documentation

We can help gather and organize the supporting documentation required for the adjustment of the status process, including marriage certificates, identification documents, employment authorization documents, and medical reports.

Interview Preparation

Our attorneys can prepare the non-U.S. citizen spouse for the adjustment of status interview, helping them understand what to expect and how to answer questions from the immigration officer.

Legal Representation

If any issues arise during the adjustment of status process, our attorneys can provide legal representation and advocacy on behalf of the couple. This can include responding to requests for additional documentation, addressing concerns about the validity of the marriage, and appealing any adverse decisions.

Other Immigration Matters

In addition to the adjustment of status, our team can provide assistance with other immigration matters that may be relevant to same-sex couples, such as visa applications, waivers, and removal proceedings.

The Scheer Immigration Law Group has the experience and expertise to assist same-sex couples in New Jersey with the adjustment of status process and other immigration matters. Our team is committed to helping clients navigate the complex and ever-changing landscape of U.S. immigration law, and we are dedicated to achieving the best possible outcomes for our clients.