How do I know if I qualify as a Beneficiary or not?
USINFO | 2013-10-29 14:01

 
  1. How do I know if I qualify as a Beneficiary or not?
  2.  
  1. Beneficiaries are strictly defined and one has to meet the definition of its category at the time that the application of adjustment of status is approved. Those who do not meet the definitions cannot immigrate to the United States through family based immigration.
  2.  
An "immediate relative" of a U.S. citizen is the spouse, parent, widow, or child of the U.S. citizen. Specifically, a "child" is the son or daughter of a U.S. citizen, who is unmarried and under the age of 21. An adopted child qualifies as long as the adoption was finalized before the child's 16th birthday. A stepchild qualifies as long as the marriage had occurred before the stepchild's 18th birthday. A "parent" must meet the same test as for the "child". One thing to point out is that a father-in-law or mother-in-law of a U.S. citizen are not "parents" of the U.S. citizen for immigration purposes. [INA 101 (b)(1), (b)(2), 203 (a)(4)]
 
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