Adjustment of Status (AOS) is a process used by individuals in the United States to become lawful permanent residents, commonly known as green card holders, without leaving the country. This article aims to provide a comprehensive overview of the Adjustment of Status process, including its eligibility requirements, application procedures, and important considerations.
What is Adjustment of Status?
Adjustment of Status is a legal procedure that allows individuals already in the U.S. to apply for a green card. Instead of going through the visa process from abroad, applicants can adjust their current immigration status to that of a lawful permanent resident while remaining in the U.S. This process is managed by the United States Citizenship and Immigration Services (USCIS).
Eligibility Requirements for Adjustment of Status
To be eligible for Adjustment of Status, applicants must meet several criteria:
Legal Entry into the U.S.
Applicants must have entered the U.S. legally. This means they should have entered with a valid visa or through another authorized means. Those who entered the U.S. illegally or who have overstayed their visa may face additional hurdles.
Current Immigration Status
Applicants must be in a lawful non-immigrant status at the time of application. This includes individuals with student visas, work visas, or other types of non-immigrant statuses.
Eligibility for a Green Card
To adjust status, applicants must be eligible for a green card based on their immigrant category. Categories include family-sponsored preferences, employment-based preferences, and diversity visas, among others.
No Disqualifying Factors
Applicants must not have a criminal record or other disqualifying factors that could make them ineligible for a green card. This includes issues related to immigration fraud or significant immigration violations.
The Adjustment of Status Process
The process for Adjustment of Status involves several key steps:
1. Determine Eligibility
Before applying, it’s essential to ensure that you meet all eligibility requirements. This includes verifying your current immigration status, determining your eligibility category for a green card, and ensuring there are no disqualifying factors.
2. File Form I-485
The primary form used for Adjustment of Status is Form I-485, Application to Register Permanent Residence or Adjust Status. This form collects information about the applicant and their eligibility for a green card. It requires supporting documents, including proof of legal entry, evidence of eligibility, and any necessary medical examinations.
3. Biometrics Appointment
After submitting Form I-485, applicants will receive a notice for a biometrics appointment. During this appointment, USCIS will collect fingerprints, photographs, and signatures. This information is used for background checks and to verify identity.
4. Attend an Interview
In many cases, USCIS will schedule an interview as part of the AOS process. During the interview, a USCIS officer will review the application, ask questions, and assess the applicant’s eligibility. It’s crucial to prepare for this interview by reviewing your application and any supporting documents.
5. Wait for a Decision
After the interview and completion of all required steps, USCIS will review the application and make a decision. The processing time can vary based on factors such as the applicant’s category, the service center handling the case, and overall USCIS workload.
Special Considerations
Certain situations may affect the Adjustment of Status process:
1. Adjustment of Status for Immediate Relatives
Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) often have a more straightforward path to a green card. They do not have to wait for a visa number to become available, as there are no annual limits on green cards for this category.
2. Employment-Based Adjustment of Status
Individuals seeking a green card through employment must have an approved labor certification and an immigrant petition (Form I-140) before filing Form I-485. The job offer must typically be for a permanent position, and the applicant must meet the qualifications outlined in the employment-based petition.
3. Adjustment of Status for Refugees and Asylees
Refugees and asylees in the U.S. can apply for a green card after one year of being granted refugee or asylum status. They must file Form I-485 within one year of their eligibility date.
4. Adjustment of Status for Diversity Visa Lottery Winners
Winners of the Diversity Visa Lottery can adjust their status to a green card holder if they are already in the U.S. and meet all other eligibility requirements. They must file Form I-485 before the deadline specified in their lottery notification.
see also: Who Makes Immigration Policy?
Common Challenges and Issues
While the Adjustment of Status process can be straightforward, several common issues may arise:
1. Immigration Violations
Applicants with a history of immigration violations may face complications. These could include issues related to overstaying a visa, unauthorized employment, or misrepresentations on previous immigration applications.
2. Criminal History
A criminal history can significantly impact an applicant’s eligibility. Certain crimes may render an individual inadmissible, while others may require waivers or additional documentation.
3. Changing Circumstances
Changes in personal circumstances, such as marriage, divorce, or job changes, may affect the AOS process. It’s essential to keep USCIS informed of any significant changes to avoid complications.
Conclusion
Adjustment of Status provides a valuable pathway for individuals in the U.S. to become lawful permanent residents. By understanding the eligibility requirements, following the application procedures, and addressing any special considerations or challenges, applicants can navigate the process more effectively. Consulting with an immigration lawyer or expert can provide additional guidance and ensure that all aspects of the application are handled correctly.
For those considering Adjustment of Status, it is crucial to stay informed and prepared throughout the process. With careful attention to detail and adherence to USCIS guidelines, the journey to becoming a green card holder can be a successful one.
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