If you entered the United States with a valid visa and are married to a U.S. citizen, you may be eligible to apply for both an immediate relative petition (Form I-130) and an adjustment of status application (Form I-485).

Why Timing Matters

Filing at the right time is critical.

• Do not wait until ICE places you in removal proceedings.

• But also, do not rush to apply too early without the proper documentation and eligibility in place.

If you are placed in removal proceedings, the process becomes more complicated and often more expensive.

Risks to Be Aware Of

There is no guarantee that you can avoid removal proceedings if your lawful status has already expired (such as on a student or tourist visa). However, filing a legitimate, pending I-130 petition together with an adjustment of status application may strengthen your case and help your situation.

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