Adjustment of Status Dependents Issues

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When a principal applicant qualifies to immigrate to the United States, his or her dependents qualify automatically for the same preference classification and priority date as the principal. At the same time, each applicant, principal or dependent, must qualify for adjustment of status independently. What this means is that while a dependent may be entitled to the same priority date and preference classification as their spouse or parent, they may not adjust status unless they personally qualify for adjustment of status. For specific information about eligibility, click here.

Any person who is a dependent when the principal files for adjustment of status may file at the same time. For example, if a principal applicant marries someone with two children under eighteen, the principal's spouse and two step-children may apply for adjustment of status at the same time as the principal.

If the dependent or dependents are acquired after the principal files for adjustment of status, but before the adjustment application is approved, the dependents may also file for adjustment of status as "accompanying" dependents." In this case, the principal applicant's priority date must be "current" within his or her preference classification. If the principal's priority date is not current, then the dependents must wait until it becomes current before they may file.

If the dependent or dependents are acquired before the principal becomes a lawful permanent resident (adjustment of status is granted), then the dependent(s) remain eligible to acquire lawful permanent resident status themselves - irrespective of whether they apply before or after the principal becomes an LPR.

A dependent child remains eligible to receive lawful permanent resident status as a dependent unless they marry or turn 21 prior to receiving the grant of LPR status. If a child marries, then there is no exception available. The child is no longer eligible for classification as a dependent. For children who "age out," however, there is limited relief available through the Child Status Protection Act. For more information about the CPSA, please click here.