AOS
Using the Adjustment of Status process, change from non-immigrant visa holder to permanent resident with Green Card.
Adjustment of status is a necessary procedure that allows some non-citizens already in the U.S. to change their immigration status from one non-immigrant category, such as a student, work, or travel visa, to that of a lawful permanent resident with a green card.
This process, called adjustment of status (AOS), confers on them legal permanent residence and the right to work in the U.S. without having to leave the country and pursue the more time-consuming procedure known as consular processing abroad.
A significant number of foreigners come to America temporarily. For such people, obtaining a green card through adjustment of status represents the best avenue for changing their status without interruption.
Key groups regularly taking this path include international students who wish to remain in the country for work after graduation, short-term workers whose employers are sponsoring them, and immediate relatives of U.S. citizens and green card holders.
This article will help people understand the step-by-step adjustment of status procedure, its eligibility requirements, application procedures, costs involved, and typical processing time.
Eligibility for Adjustment of Status (AOS)
Eligibility for Adjustment of Status is vital for non-immigrant visa holders seeking permanent residency in the U.S.
Who Can Apply
General Eligibility Criteria
Required Documents and Evidence for AOS
Adjustment of status involves submitting several forms and certain support documents by the applicant.
Forms and Petitions
Supporting Documents
AOS Application Process
The process of applying for AOS is complex and ranges from the date of the initial filing of a petition through, in some cases, the date of interview attendance.
Filing a Petition
A United States citizen, lawful permanent resident, or employer files the appropriate petition (I-130, I-140, I-730). It is often the first step in the processing and is used to establish a relationship or job offer that would qualify an applicant for AOS.
Approval of Petition
That may, however, vary depending on the individual case and the time it takes for the USCIS to approve the petition. That is one of the most important and necessary steps before the applicant can file for AOS.
Check for Visa Availability
To be sure whether a visa number is available for you. Each month, the Department of State publishes a Visa Bulletin explaining whether a visa is available for the applicant's priority date.
Submission of Form I-485
Submission of the I-485 Form AOS: The Adjustment of Status application and the applicable documents are submitted for the applicants. This form formally petitioned a change to immigrant status from non-immigrant.
Optional forms: Concurrently filing work permits, I-765, and travel documents, I-131. An applicant can work and travel using these forms while the AOS application is pending.
Biometrics Appointment
The applicant attends an appointment for biometric data collection. The applicant's background check will be completed and current by this step.
Interview (if required)
Some applicants will be required to attend an interview at a USCIS office. At the interview, an immigration officer will pose questions to the applicant to verify the information provided in their application.
Decision
USCIS renders a final decision and notifies the applicant. If approved, USCIS will mail the green card to the applicant. In case of denial, reasons for refusal are given, and guidance on appealing or reapplying is provided, if appropriate.
Medical Examination Requirements for AOS
Medical examination is a mandatory prerequisite for Adjustment of Status applicants to ensure that the applicant is admissible based on health standards.
Health and Vaccination Records
Required vaccinations must be included. Current vaccinations are implemented to determine an applicant for an adjustment of status does not bear any high risk of public health.
A physical examination by a USCIS-approved civil surgeon must be conducted. That comprises medical history, physical examination, and testing for specified diseases.
Form I-693
Form I-693 is used to report the results of the medical examination. The examining physician must complete this form and send it to USCIS.
Instructions on how to submit Form I-693 with an AOS application. Applicants may send the form with the application or bring it with them for an interview at the USCIS.
Costs and Fees
Adjustment of status has many fees associated with the process, which applicants must keep in mind and plan for.
Initial petition fees : The filing fee for the I-130 petition is $675. The stakes are the fees that allow the U.S. Citizenship and Immigration Services to initially process this petition for eligibility.
I-485 Filing Fee : The application fees for Form I-485 typically range from $1,440, which includes the cost of processing an Adjustment of Status application and any required background checks.
Biometrics Fee : This is a $85 fee that is needed for the local Application Support Center appointment. This fee is for the capturing and processing of biometric data.
Fee Waivers and Exceptions : Fee waivers are authorized for refugees and other applicants. Such waivers are provided so that the price for applying allows eligible persons to apply for permanent residency.
Processing Times
Processing timing of Adjustment of Status applications varies tremendously because of various factors.
Family-based green cards : Depending on the category and country of origin, it takes several months to several years. The immediate relatives of U.S. citizens usually have a shorter waiting time compared with other family-based categories.
Employment-based green cards : There are different timeframes for employment-based green cards, based on the category of job applied for and labor market conditions; some may be faster than others because of high demand.
Humanitarian cases : The duration of time for processing asylees and refugees varies greatly. These may be fast-tracked based on the nature of the emergency at hand.
Factors affecting timelines : Factors affecting the timelines include the USCIS backlog, priority dates, how complete the application is, and several other factors. Applicants must check processing times regularly on the USCIS website.
Important Considerations
There are many vital issues and pitfalls to consider in any Adjustment of Status application.
90-Day Rule
AOS applicants must avoid applying within 90 days of entry to the U.S. on many non-immigrant visas. An applicant who files too soon may raise an inference of misrepresentation of intent at the time of entry and thereby risk denial of the application.
Advance Parole
Leaving the U.S. without advance parole may be considered abandoning the AOS application. Advance parole allows the applicant to travel abroad and return without disrupting their adjustment process.
Maintaining Lawful Status
The applicant must not accrue unlawful presence to avoid problems with the AOS application. Unlawful presence may result in restrictions on re-entry and adversely impact the application.
Check Application Status
Keeping track of the Adjustment of Status application is essential. It holds one update in case there is any further request for information or if there is a change of status.
Applicants can track the progress of their application by merely inputting the receipt number on the USCIS website. This tool allows real-time updates and assists applicants in staying current regarding the progress of their cases.
After Receiving a Green Card
Once you obtain your green card, some rights and responsibilities come with being a lawful permanent resident.
Employment and Travel Rights
They are free to work and travel around the United States. One can apply for any position in any state and promote one's career. All the benefits will be given by working in America.
In addition, green card holders can travel worldwide and return to the U.S. without getting any additional visa formalities. This travel flexibility is essential to people with families, businesses, or other interests outside the U.S., for it will be easy to leave and re-enter the country.
Conditional Green Cards and Road to Citizenship
Some green cards are conditional and need to be renewed after two years. Most conditional green cards are issued to spouses of U.S. citizens who have been married for less than two years. Before the expiration of these two years, the applicant must file a petition to remove conditions on their residence.
Green card holders can apply for U.S. citizenship through naturalization under the respective category within three to five years. It means that becoming a citizen enhances one's rights and protection, just like adding on the right to vote, fully integrating into American society, and availing all citizenship privileges.
Professional Legal Assistance
While one can work through most of the AOS process independently, professional help is always advisable for the success of an application process.
In light of the complications concerning U.S. immigration law, professional assistance may be helpful. An attorney can limp along with the process, avoid common misapplications that often happen, and give an application a higher chance of success.
Special Situations and Exceptions
Under special programs or exceptions, some applicants may be eligible for Adjustment of Status.
Parole in Place (PIP)
Some of the undocumented in the country will have a chance for AOS through this PIP program. It is mainly offered to militaries and other special situations. It relieves family members of the personnel serving in the U.S. armed forces. The processes for applying in AOS using the PIP program involve:
Section 245(i)
The eligibility criteria for the status adjustment under this section ensure people who are otherwise ineligible apply for AOS, provided the penalty fee is paid. Section 245(i) can help an individual enter the U.S. without inspection or overstaying his visa.
It involves the procedure for applying AOS under Section 245(i), which consists of the submission of prima facie evidence of eligibility, penalty fee, and complete documentation with accuracy to avoid further complications.
Employment Authorization and Travel Documents
During the adjustment of status, the alien applicant may have to obtain work authorization or advance parole.
Employment Authorization Document (EAD)
An Application for Employment Authorization, Form I-765, would also need to be filed, allowing the principal beneficiary the right to work legally in the U.S. while their Adjustment of Status is pending.
Ensuring that the principal applicant already has an EAD before commencing employment is essential. That makes them comply with rules and regulations governing the working process while undergoing AOS.
Advance Parole
Filing Form I-131 for advance parole. Advance parole will allow them to leave the territory of the United States and re-enter without abandoning the AOS application. Instructions and warnings about travel outside the U.S. No applicant should plan the trip until he gets an advance parole.
Denial of Adjustment of Status
Know what to do if the Adjustment of Status application is denied, as well as the reasons for it and possible next steps.
Common Reasons
Common mistakes that could add to the causes of denial include incomplete or incorrect forms and lack of sufficient evidence. That can be avoided if all forms are accurately completed in full. Complete and proper documentation is a must; lack of the same can result in denial.
Next Steps After Denial
Where the application for Adjustment of Status has been denied due to incomplete or incorrect forms, reappliance can be done. In some cases, errors may be corrected and resubmitted. Issues stated in the denial notice must be addressed in the retry so that one has a better chance of approval.
It is essential to consult an immigration attorney in such a case because they will help one understand the basis for denial and give advice on how to go about this. An attorney will further assist in producing the necessary documentation and ensure all forms are duly filled out. Legal assistance in such a case may increase the chances of successful reapplication.
WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.
Resources / Helpful Links:
Questions about the AOS?
Request a consultation today
