How to Tell If You Qualify for Family-Based Adjustment of Status
February 18, 2026

If you're living in the U.S. and want to stay here with your close family, you might be thinking about something called family-based adjustment of status. This is a process that lets certain people apply for a green card without having to leave the country. It can be a great option for those who already live here and want to stay with a spouse, parent, or child who is a U.S. citizen or permanent resident.
An adjustment of status lawyer can help make sure you understand if this process applies to your situation. Since early spring is when immigration offices often start seeing heavier schedules, February is a good time to review where your case stands. That way, if you’re eligible, you can start gathering what you need without feeling rushed later on.
Adjustment of status is a process that allows someone in the U.S. to apply to become a lawful permanent resident. Instead of applying through a consulate in another country, the person stays here and files everything through the local immigration office. This is different from getting a visa abroad because you don’t have to leave and re-enter the country. That is often one of the reasons people look into this.
Family-based cases are the most common path for this type of filing. Usually, the law allows immediate relatives of U.S. citizens to apply. These include:
• Spouses of U.S. citizens
• Parents of U.S. citizens (if the citizen is 21 or older)
• Children of U.S. citizens who are unmarried and under 21
Some permanent residents can also petition for a spouse or a child, but the process takes longer. Every family situation looks a little different, but these are the starting points that most people fit into if they’re looking into this path.
Before you apply, you’ll need to meet some basic rules. First, you must be physically inside the U.S. when you file your application. The whole point of the adjustment process is that you don’t travel during this time.
Another important detail is the family petition, called Form I-130. This form shows U.S. immigration that there is a real family relationship. Your U.S. citizen or permanent resident relative needs to have filed or be ready to file this form to start your case.
Lawful entry is a key detail that gets looked at early in the process. If you came in with a visa and went through customs, that usually counts as lawful. But if you came without inspection or crossed without permission, things can get more complicated. It’s smart to go over your full immigration history to make sure there are no surprises later.
Many people do qualify, but there are times when certain issues stop the process. These are called bars to adjustment, and they can make things harder depending on what they are.
Some examples of issues that might block your case include:
• Overstaying a visa
• Entering the country without permission
• Having a removal (deportation) order
• Criminal records, depending on the charges
In some cases, there might be a waiver that fixes the issue, but you usually can’t tell on your own. That’s when it helps to speak early with an adjustment of status lawyer. Getting ahead of a possible problem can save time and stress and might make the difference between approval and delay. These issues do not always mean things are over, but they need special attention.
A lawyer helps figure out if you’re eligible, but they do more than that. Professional legal support can help collect the right forms, double-check your history, and explain how long things might take. It’s easy to miss small problems if you’re filing alone, especially when you’re dealing with different deadlines and office rules.
If you wait until something goes wrong in your case, it can mean more problems later. Even small issues in your documents can cause delays, which could have been avoided by asking for help earlier. A lawyer can catch things you didn’t realize were important. They can also help fix things before they get worse.
If you think you might be eligible, there are a few smart things to start doing now. Gathering your paperwork ahead of time not only saves stress but gets everything in order for when it’s time to file.
Here are a few items many people need:
• Passport and visa from your last entry
• I-94 arrival/departure record
• Marriage or birth certificates (to prove your family connection)
• Any prior immigration records or letters from USCIS
Try to organize these before spring rolls in. Offices often get busier starting in March, and having your materials ready early gives you more control over the timing. If you don’t know where to begin, that’s okay. The filing process has many steps, and the best way to stay calm is to take care of one piece at a time. Early preparation is an advantage.
Getting permanent status through a family-based adjustment can open doors to a more steady life in the U.S., especially when you're already here with people who matter to you. The first step is finding out if your situation fits, and that starts with learning the rules and looking closely at your own history.
Every person’s story is different, and the rules can feel confusing if you try to do everything on your own. But the more you understand your options early on, the easier it becomes to decide what makes sense next. Whether you’re in Las Vegas, Laughlin, Pahrump, or nearby, the basics of what’s required stay the same. Having the right plan in place helps you and your family feel more confident about the future.
Handling immigration forms, personal history, and strict deadlines in Las Vegas can feel overwhelming, especially when your future with loved ones is at stake. Working with a qualified adjustment of status lawyer helps you understand the process, avoid costly mistakes, and move your case forward with confidence. At the Law Offices of Ariadne Berrios, we’re ready to discuss your options and support you each step of the way. Reach out to get started today.