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Understanding Adjustment of Status

What is Adjustment of Status?

Adjustment of Status (AOS) is a U.S. immigration process that allows someone to become a lawful permanent resident (get a green card) without having to leave the United States. It’s a more convenient option than consular processing, which requires you to apply for a green card at a U.S. embassy or consulate in your home country.

Why Marry a Permanent Resident?

Marrying a U.S. permanent resident opens a pathway to obtain a green card. However, it’s not an instant process. There are several steps and requirements to fulfill, and becoming familiar with them can significantly streamline your journey.

Eligibility Requirements

Qualifying Relationships

Before you dive into the paperwork, it’s crucial to ensure that your marriage qualifies under U.S. immigration laws. The relationship must be legally recognized, and you must provide evidence of its authenticity.

Overstay and Unauthorized Employment

If you have overstayed your visa or worked without authorization, it may complicate your case. However, not all hope is lost. There are certain waivers and exceptions, but it’s best to consult with an immigration lawyer to navigate these complex rules.

Valid Entry into the U.S.

To adjust your status, you must have entered the U.S. legally. This means you should have entered with valid documentation and gone through inspection by an immigration officer.

Necessary Documentation

Form I-130, Petition for Alien Relative

The journey begins with filing Form I-130, which establishes the relationship between you and the U.S. permanent resident. This form is crucial as it kicks off the process and gets your spot in line for a visa number.

Form I-485, Application to Register Permanent Residence or Adjust Status

The next step involves filing Form I-485. This application is your formal request to adjust your status to that of a lawful permanent resident.

Proof of Relationship

You’ll need to provide substantial evidence to prove that your marriage is genuine. This might include joint financial accounts, photos together, leases, affidavits from friends and family, and more.

Supporting Documents

Along with your forms, you will need to submit various supporting documents, such as birth certificates, passports, marriage certificates, and any previous immigration documents.

Filing the I-485 Application

Cost and Requirements

Filing Form I-485, also known as the Application to Register Permanent Residence or Adjust Status, involves specific costs and requirements that applicants must be aware of. As of 2023, the filing fee for Form I-485 ranges from $1,140 to $1,225, which includes the biometrics fee necessary for processing your application. It is crucial to note that these fees can change, so it is advisable to regularly check the latest fee schedule published by the U.S. Citizenship and Immigration Services (USCIS) to ensure you have the most accurate information. Additionally, applicants should prepare to submit supporting documents, including proof of eligibility, medical examinations, and other relevant paperwork, which may incur additional costs.

Concurrent Filing

If you currently hold a valid visa, you may have the option to file your I-130 (Petition for Alien Relative) and I-485 concurrently. This means you can submit both applications at the same time, which can significantly expedite the overall processing time for your adjustment of status. Concurrent filing is particularly beneficial for those who are eligible for immediate relative status or fall under certain employment-based categories. By taking advantage of this option, you can streamline your path to obtaining a green card, reducing the waiting period associated with separate filings. However, it is essential to ensure that you meet all eligibility criteria for both forms before proceeding with concurrent filing to avoid delays or complications in your application process.

Biometrics Appointment

What to Expect

Once you have submitted your Form I-485, you will receive a notice scheduling your biometrics appointment. This appointment is a crucial step in the immigration process, where your fingerprints, photograph, and signature will be collected. These biometric data points are essential for conducting thorough background checks, which help ensure the integrity of the immigration system. It is important to note that the appointment is typically conducted at a designated Application Support Center (ASC), and you should expect the process to take approximately 30 minutes to an hour, depending on the volume of applicants on that day.

Preparing for the Appointment

To ensure a smooth experience at your biometrics appointment, it is vital to come prepared. Bring the appointment notice you received, a valid government-issued photo ID (such as a passport or driver’s license), and any additional documents that may have been requested in the notice. Arriving early can also help alleviate any potential delays. While the appointment itself is generally quick, it plays a critical role in your overall immigration journey, as it allows U.S. Citizenship and Immigration Services (USCIS) to verify your identity and conduct necessary security checks. Remember to dress appropriately and maintain a respectful demeanor, as this will contribute to a positive experience during this important step in your application process.

The Interview Process

Initial Review

USCIS officers will initially review your application and supporting documents. If all looks good, they will schedule an interview with both you and your spouse.

The Marriage-Based Interview

The interview is perhaps the most nerve-wracking part of the process. You’ll be asked questions about your relationship, daily routines, and future plans to ensure the marriage is genuine. Knowing what to expect can help ease the tension.

Common Interview Questions

• How did you meet?
• When and where was your wedding?
• What are your spouse’s hobbies and interests?
• What does your typical day together look like?

Preparing for the Interview

Revisit your application, gather more evidence, and practice answering questions with your spouse. Thorough preparation can make a world of difference.

Common Challenges and How to Overcome Them

Requests for Evidence (RFEs)

In the immigration process, it is not uncommon for the United States Citizenship and Immigration Services (USCIS) to issue a Request for Evidence (RFE) if they determine that the initial documentation submitted with your application is insufficient. An RFE can be a significant hurdle, but addressing it promptly and thoroughly is essential to keep your application on track. To effectively respond to an RFE, carefully review the specific requests made by USCIS, gather the necessary supporting documents, and provide clear explanations that address any gaps in your initial submission. Seeking assistance from an immigration attorney can also enhance your response, ensuring that you meet all requirements and deadlines.

Delays

Delays are a common aspect of the immigration process, often extending timelines beyond what applicants initially anticipate. Factors contributing to these delays can include high application volumes, changes in immigration policies, or additional background checks. While it can be frustrating to experience these delays, maintaining patience and staying informed about your application’s status can significantly alleviate stress. Regularly check the USCIS website for updates, and consider utilizing their online tools to track your case. Additionally, establishing a communication plan with your attorney or legal representative can provide you with timely updates and guidance, helping you navigate the complexities of the immigration process more effectively.

Waiting for Your Green Card

Understanding Priority Dates

While waiting, check the Visa Bulletin for priority dates for your visa category and country. This will give you an idea of how long the wait might be.

Conditional Residence

If your marriage is less than two years old at the time you obtain your green card, you’ll receive conditional permanent resident status. You’ll need to apply to remove these conditions later.

Keeping Your Documents Updated

While you wait, ensure all your information with USCIS is up to date. Notify them of any address changes, travel plans, or other significant changes to avoid unnecessary complications.

Conclusion

Adjusting your status through marriage to a U.S. permanent resident is a complex, multi-step process, but it’s undoubtedly a path worth treading for a life together in the United States. Remember, patience and perseverance are your best allies on this journey. And when in doubt, don’t hesitate to seek professional help.

If you need assistance with your immigration process or have any questions, feel free to contact us at (212) 566-3572. Click here to reach out: Contact Us

Frequently Asked Questions

1. Can I work while my adjustment of status application is pending?
   Yes, you can apply for an Employment Authorization Document (EAD) while your application is pending.
2. How long does it take to get a green card through marriage to a permanent resident?
   The process can take anywhere from several months to a few years, depending on various factors, including current processing times and your country’s visa availability.
3. What if my application is denied?
   If your application is denied, you can appeal the decision. It’s advisable to consult an immigration attorney to explore your options.
4. Can I travel outside the U.S. while my application is pending?
   You can apply for Advance Parole to travel outside the U.S. while your application is pending, but it’s safer to avoid international travel until you receive your green card.
5. What if my spouse loses their permanent resident status?
   Your eligibility could be affected if your spouse loses their status. Consult with an attorney to get personalized advice.
6. Do I need a lawyer to file for adjustment of status?
   While it’s not mandatory to hire a lawyer, having professional guidance can help you navigate the complexities of immigration law more effectively.
7. What happens if my application gets delayed?
   Delays are common. Patience and staying informed through the USCIS case status tool can help you navigate this waiting period.
8. Is a medical exam required for adjustment of status?
   Yes, a medical exam by a USCIS-approved physician is required as part of the I-485 application.
9. Can I include my children in my adjustment of status application?
   Yes, eligible children can be included in your application, but they must also meet certain criteria.
10. What are the income requirements for a sponsor?
    Your sponsoring spouse must meet minimum income requirements to prove they can financially support you without government assistance.