Family-based Immigrant Visas: Frequently Asked Questions

The following questions and answers are based on those frequently posed to the Attorneys and staff at Chávez & Associates, P.C., L.L.O. We generously share this information as a courtesy to our clients and the immigrant community.

Should you have questions that are not addressed in this FAQ section, contact us for professional and personalized legal counsel.

Q. Am I eligible to travel outside of the United States while my application is pending?

A. An applicant for adjustment of status is eligible to apply for advance parole on Form I-131 as long as they have not been out of non-immigrant status more than 180 days prior to the filing of their adjust application.

Q. How long does processing take?

A. Processing times vary depending on the locality of the applicant. In the Omaha, NE District processing to become a lawful permanent resident can take up to 2 years.

Q. When do I become eligible to receive employment authorization?

A. Employment authorization is generally granted to the applicant within 10 days in the Omaha Nebraska District following the filing of the application to adjust status. Please be aware, however, that by regulation the INS can take up to 90 days to adjudicate one’s application for employment authorization. Employment authorization is granted for a period not to exceed one year.

Q. Upon approval of my application to adjust status, when do I become eligible for U.S. citizenship?

A. Please click here for helpful information on this question.

Q. How quickly can I file to adjust my status?

A. As soon as all of the paperwork and documents have been assembled and the appropriate fees are secured, an application will be submitted to the INS District Office generally within one week.