Adjustment of Status

Adjustment of Status in the US: Your Pathway to a Green Card

What is Adjustment of Status?

Adjustment of Status (AOS) is a process that allows eligible individuals already present in the United States to apply for a Green Card (permanent residency) without needing to return to their home country. This pathway is especially advantageous for those who are eligible through family sponsorship, employment, or other special categories.

Who Can Apply for Adjustment of Status?

To qualify for Adjustment of Status, you must meet specific eligibility criteria. The most common categories for eligibility include:

1. Family Sponsorship: Immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents, as well as other family members who qualify under certain family-based preference categories.
2. Employment-Based Sponsorship: Individuals with job offers from U.S. employers in qualifying positions, including those in specialized occupations, outstanding professors and researchers, and multinational executives and managers.
3. Special Categories: This includes refugees, asylees, individuals eligible under the Diversity Visa Program, certain victims of crime (U visas), and victims of human trafficking (T visas).

Steps in the Adjustment of Status Process

Navigating the Adjustment of Status process involves several steps, each requiring careful attention to detail and adherence to specific guidelines.

1. Determine Eligibility

The first step in the Adjustment of Status process is to confirm your eligibility. This involves ensuring that you fall into one of the eligible categories and that you meet all the specific requirements associated with that category. For example, family-sponsored applicants must have an approved Form I-130, Petition for Alien Relative, or submit it with your Adjustment of Status Application, while employment-based applicants generally need an approved Form I-140, Immigrant Petition for Alien Worker.

• File Form I-485

Once eligibility is confirmed, the next step is to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is the primary application for Adjustment of Status. Along with Form I-485, you will need to submit various supporting documents, which may include:

• Proof of lawful entry into the U.S. (such as a visa or I-94 form)
• Birth certificate
• Marriage certificate (if applying based on marriage)
• Medical examination results (Form I-693)
• Proof of financial support (Affidavit of Support, Form I-864)
• Evidence of relationship to the petitioner (for family-based applications)
• Employment verification documents (for employment-based applications)

• Pay Fees

Filing Form I-485 requires the payment of a filing fee, which varies depending on your age and category of application. There may also be additional fees for biometrics services. It's important to check the current fee schedule on the USCIS website, as these fees are subject to change.

• Attend Biometrics Appointment

After submitting your application, you will receive a notice for a biometrics appointment. During this appointment, you will provide fingerprints, photographs, and a signature. This information is used for background checks and to verify your identity. The biometrics appointment is typically straightforward, but it is a crucial step in the process.

• Respond to Requests for Evidence (RFEs)

In some cases, USCIS may issue a Request for Evidence (RFE) if they need additional information or documentation to process your application. It is essential to respond to RFEs promptly and accurately to avoid delays or denials. Providing comprehensive and well-organized documentation can significantly improve your chances of a successful outcome.

• Attend an Interview

Most applicants for Adjustment of Status will be required to attend an interview at a local USCIS office. During the interview, a USCIS officer will review your application and supporting documents, ask questions to verify the information provided, and assess your eligibility for a Green Card. It is crucial to prepare thoroughly for this interview, as it is a significant step in the process. Bringing copies of all submitted documents and being ready to answer questions clearly and honestly can help ensure a smooth interview experience.

• Receive Decision

After the interview and any additional background checks, USCIS will make a decision on your application. You will receive a written notice of the decision. If your application is approved, you will be granted lawful permanent resident status, and your Green Card will be mailed to you. If your application is denied, the notice will include the reasons for the denial and information on how to appeal the decision if applicable.

In some cases, you can submit Form I-130, Petition for Alien Relative; Form I-485, Application to Register Permanent Residence or Adjust Status; and Form I-765, Application for Employment Authorization altogether.

If you have any questions or need assistance with your Adjustment of Status application, please contact our legal firm today. We are here to provide you with the support and expertise you need for a successful outcome.