There are two primary paths to gain legal residence status through family-based petitions. The first type of adjustment of status process is for those who have entered the country legally and have a visa immediately available. This adjustment is processed by the U.S. Citizenship and Immigration Services office. Those who are eligible will obtain their interview at a nearby local immigration office which has jurisdiction over their case. For those who enter this country without inspection, the second path for legal residence status, they can apply for AOS under legislation Sec. 245(i) and a fine of $1000 will be assessed. The last extension granted by Congress was December 21, 2000 through April 30, 2001. If the individual does not qualify for this benefit, then consular processing is the next option to gain legal residence status.
