What is Adjustment of Status?

The Adjustment of Status (AOS) process is a pathway for eligible individuals to become lawful permanent residents (green card holders) without having to leave the United States. It allows those already in the U.S. on a temporary visa or other legal status to adjust their status to that of a permanent resident.

Eligibility Criteria

Not everyone can apply for adjustment of status. Let’s break down who’s eligible:

1. Family-Based Eligibility

This includes immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under the age of 21.

2. Employment-Based Eligibility

Individuals who have a valid employment offer and their employer is willing to sponsor them can also apply. Additionally, workers in certain specialized fields may qualify.

3. Other Categories

Refugees, asylum seekers, and individuals under special programs like the Diversity Visa Lottery may be eligible for AOS.

Steps Involved in Adjustment of Status

Step 1: Determine Your Eligibility

The first step is ensuring you meet the eligibility requirements. Use resources such as the U.S. Citizenship and Immigration Services (USCIS) website for guidance.

Step 2: File Form I-485

This is the primary application form for adjustment of status. It should be filled out accurately and submitted along with supporting documents.

Step 3: Attend Biometrics Appointment

After submitting your application, you will be scheduled for a biometrics appointment where they will collect your fingerprints, photo, and signature.

Step 4: Attend the Interview

An interview may be scheduled to verify the information in your application. Make sure to bring all necessary documents and be ready to answer questions honestly.

Step 5: Wait for the Decision

After the interview, all you can do is wait. USCIS will contact you with the outcome of your application.

Required Documents

• Completed Form I-485
• Form I-130 (Petition for Alien Relative) if applicable
• Proof of eligibility for adjustment status
• Passport-style photographs
• Valid passport and current U.S. visa
• Medical examination report (Form I-693)
• Filing fee receipt

Filing Fees

The filing fees for adjustment of status can vary based on the applicant’s age and category. As of the last update, the fee for most adult applicants is around $1,225, which includes the biometrics service fee. Always check the USCIS website for the most current fee schedule.

Potential Pitfalls

Even minor mistakes can delay your application or result in a denial. Here are common problems to avoid:

• Incomplete forms
• Incorrect fees
• Missing necessary documents
• Failure to attend scheduled appointments

Benefits of Adjustment of Status

The adjustment of status process has numerous advantages:

• No need to return to your home country
• Ability to work in the U.S. while your application is pending
• Access to social security benefits after approval

Common Misconceptions

Misconception 1: AOS is Quick and Easy

Many assume that adjusting status is a quick and painless process. In reality, it can be complex and time-consuming, often taking several months to years to complete.

Misconception 2: Anyone on a Visa Can Apply

Not all visas qualify for AOS. Only certain categories of visa holders are eligible, making it essential to understand the rules and requirements.

Misconception 3: Legal Representation Isn’t Necessary

While it’s possible to apply without a lawyer, professional guidance can help navigate the intricacies of immigration law and increase the chances of a successful application.

Conclusion

The adjustment of status process provides a valuable pathway to U.S. permanent residency for those who qualify. While the process can be intricate and lengthy, being well-prepared and thorough in your application can make all the difference. Ensure you meet all eligibility criteria, gather the necessary documents, and follow the required steps meticulously. Whether you’re adjusting through family, employment, or another category, understanding every aspect of the process will help you navigate it successfully.

Need Help with Your Adjustment of Status Process? Contact Us Today!

If you’re feeling overwhelmed or uncertain about the adjustment of status process, we’re here to help you. Call us at (212) 566-3572 or click here to contact us for personalized assistance. Navigating immigration laws can be tricky, but with expert help, you can achieve your dream of becoming a permanent U.S. resident. Reach out to us for support and guidance!

FAQs

1. What is Adjustment of Status?

Adjustment of Status allows individuals in the U.S. to apply for lawful permanent resident status without leaving the country.

2. Who is eligible for Adjustment of Status?

Primarily, immediate relatives of U.S. citizens, certain employment-based immigrants, and some others under special categories.

3. How long does the Adjustment of Status process take?

The timeline varies but generally ranges from several months to a few years, depending on the specific case and USCIS workload.

4. What documents are needed for Adjustment of Status?

Key documents include Form I-485, proof of eligibility, passport-style photographs, a valid passport, and others as detailed above.

5. Are there fees involved in the Adjustment of Status process?

Yes, the primary fee is around $1,225 for most adults, but it varies based on age and application category.

6. Can I work while my Adjustment of Status application is pending?

Yes, you can apply for employment authorization (EAD) while your AOS application is processing.

7. Do I need an interview for Adjustment of Status?

Usually, yes. An interview is a standard part of the process where you validate the details in your application.

8. Can an attorney help with my Adjustment of Status application?

Yes, an immigration attorney can provide valuable assistance, ensuring that your application is complete and free of errors.

9. What happens if my Adjustment of Status application is denied?

You may appeal the decision or file a motion to reopen or reconsider your case, often with the help of legal counsel.

10. Is there a difference between Adjustment of Status and Consular Processing?

Yes, Adjustment of Status is for those already in the U.S., whereas Consular Processing is for those applying from abroad.