The Adjustment of Status Process, Explained

Table of Contents

Introduction

The Adjustment of Status (AOS) process is a crucial pathway for eligible individuals to obtain lawful permanent residency in the United States without leaving the country. This comprehensive guide will walk you through every step of the AOS journey, providing in-depth information, expert insights, and practical advice to help you navigate this complex immigration procedure successfully.

Understanding Adjustment of Status

Adjustment of Status is the process by which an eligible individual already in the United States can apply for lawful permanent resident status (also known as a green card) without having to return to their home country for visa processing. This process is overseen by U.S. Citizenship and Immigration Services (USCIS) and is available to those who meet specific eligibility criteria.

Key Benefits of Adjustment of Status

1. Avoid international travel for visa processing
2. Maintain continuity of stay in the U.S.
3. Potential eligibility for work authorization during the application process
4. Ability to remain with family members in the U.S.

Eligibility Requirements

To be eligible for Adjustment of Status, you must meet the following criteria:

1. Be physically present in the United States
2. Have entered the country lawfully (with some exceptions)
3. Have an immigrant visa immediately available
4. Be admissible to the United States
5. Meet specific eligibility requirements for your immigrant category

It’s important to note that certain individuals may be ineligible for AOS, including those who entered the U.S. without inspection or who have violated the terms of their nonimmigrant status.

How Much Does Adjustment of Status Cost?

The cost of Adjustment of Status can vary depending on your specific situation. As of 2023, the main fees associated with AOS are:

1. Form I-485 filing fee: $1,140
2. Biometrics fee: $85

Additional costs may include:

• Medical examination fees (varies by provider)
• Attorney fees (if you choose to hire one)
• Document translation and certification fees
• Potential fees for additional forms (e.g., I-765 for work authorization, I-131 for travel document)

Some applicants may be eligible for fee waivers based on financial hardship. It’s essential to check the USCIS website for the most up-to-date fee information.

What Are the Requirements for Adjustment of Status?

The requirements for Adjustment of Status include:

1. Eligibility under a specific immigrant category (e.g., family-based, employment-based, refugee/asylee)
2. Having an approved immigrant petition (if applicable)
3. Having an immigrant visa immediately available
4. Being admissible to the United States
5. Maintaining lawful status (with some exceptions)
6. Submitting a properly completed Form I-485 and all required supporting documents
7. Paying the required fees or obtaining a fee waiver
8. Completing a medical examination with a USCIS-designated civil surgeon
9. Providing biometrics
10. Attending an interview (if required)

How to Get a Green Card Through AOS

Getting a green card through AOS involves several steps:

1. Determine your eligibility for an immigrant category
2. File the appropriate immigrant petition (if not already approved)
3. Wait for visa availability (check the visa bulletin)
4. File Form I-485 along with supporting documents
5. Attend your biometrics appointment
6. Respond to any Requests for Evidence (RFEs)
7. Attend your AOS interview (if required)
8. Await the final decision from USCIS

The Adjustment of Status Process: A Step-by-Step Guide

1. Determine Your Eligibility

Before initiating the AOS process, it’s crucial to confirm your eligibility. This involves:

• Reviewing your immigration history
• Checking visa bulletin priority dates
• Assessing any potential grounds of inadmissibility

Consider consulting with an experienced immigration attorney to evaluate your eligibility and address any potential issues.

2. File Form I-485

The core of the AOS process is filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form requires detailed information about:

• Your personal background
• Immigration history
• Family information
• Employment history
• Public charge considerations

Be prepared to provide extensive documentation to support your application.

3. Submit Supporting Documents

Along with Form I-485, you’ll need to submit various supporting documents, which may include:

• Birth certificate
• Passport
• I-94 Arrival/Departure Record
• Marriage certificate (if applicable)
• Police clearances
• Medical examination results (Form I-693)
• Employment verification (if applicable)
• Financial documents

Ensure all documents are properly translated and certified if not in English.

4. Pay Filing Fees

As mentioned earlier, the filing fee for Form I-485 is $1,140, plus an $85 biometrics fee. Some applicants may be eligible for fee waivers based on financial hardship.

5. Attend Biometrics Appointment

After filing, you’ll receive a notice for a biometrics appointment. This involves:

• Fingerprinting
• Photograph
• Signature collection

These biometrics are used for background checks and identity verification.

6. File Additional Forms (if applicable)

Depending on your situation, you may need to file additional forms concurrently with your I-485:

• Form I-765: Application for Employment Authorization
• Form I-131: Application for Travel Document

These forms allow you to work and travel while your AOS application is pending.

7. Respond to Requests for Evidence (RFE)

In some cases, USCIS may request additional information or documentation to process your application. Respond promptly and thoroughly to any RFEs to avoid delays or denials.

8. Attend AOS Interview

Many AOS applicants are required to attend an interview with a USCIS officer. During the interview:

• Your application information will be verified
• You may be asked questions about your eligibility
• The officer may request additional documentation

Prepare thoroughly for your interview by reviewing your application and practicing potential questions.

9. Await Decision

After completing all required steps, USCIS will make a decision on your application. Processing times vary, but as of 2023, the average processing time for Form I-485 ranges from 8 to 14 months.

How to Check the Status of Your AOS Application

You can check the status of your AOS application in several ways:

1. Online: Use the USCIS Case Status Online tool with your receipt number
2. Phone: Call the USCIS Contact Center at 1-800-375-5283
3. In-person: Schedule an InfoPass appointment at your local USCIS office
4. By mail: Submit a case status inquiry by mail

Also Read about Alien Registration Number.

What Happens After a Change of Status?

After your Adjustment of Status is approved:

1. You’ll receive an approval notice from USCIS
2. Your green card will be mailed to you (usually within 30 days)
3. You’ll have the rights and responsibilities of a lawful permanent resident
4. You should carry your green card with you at all times
5. You’ll need to maintain your permanent resident status by following certain rules, such as not abandoning your U.S. residence

Special Considerations and Advanced Strategies

Concurrent Filing

In some cases, you may be eligible to file Form I-485 concurrently with an immigrant petition (such as Form I-130 or Form I-140). This can potentially speed up the overall process.

Employment-Based AOS Strategies

For employment-based AOS applicants:

1. Consider job portability options under AC21
2. Understand the implications of changing employers during the AOS process
3. Be aware of visa bulletin movement and strategies for early filing

Family-Based AOS Considerations

For family-based AOS applicants:

1. Understand the impact of marriage, divorce, or death of the petitioner
2. Be prepared to prove the bona fides of your relationship
3. Consider the Child Status Protection Act (CSPA) for aging-out children

Visa Retrogression and Priority Dates

For employment-based and some family-based categories, visa availability is subject to annual limits. Be aware of:

1. How to read and interpret the visa bulletin
2. Strategies for dealing with visa retrogression
3. The concept of priority date retention

Common Challenges and How to Overcome Them

1. Proving Lawful Entry: If you’ve lost your I-94 record, you can request a replacement from U.S. Customs and Border Protection or submit alternative evidence of lawful entry.
2. Maintaining Status: Ensure you maintain your nonimmigrant status until your AOS application is filed, as status violations can affect eligibility.
3. Public Charge Concerns: Carefully document your financial situation and consider obtaining a financial sponsor if necessary to address public charge concerns.
4. Criminal History: Disclose any criminal history fully and provide court dispositions. Minor offenses may not necessarily disqualify you, but failure to disclose can lead to denial.
5. Medical Inadmissibility: Address any health-related issues proactively, and be prepared to provide additional medical documentation if required.

Recent Updates and Policy Changes

Stay informed about recent changes that may affect your AOS application:

• As of 2022, USCIS has updated the public charge rule, focusing on an applicant’s likelihood of becoming primarily dependent on government assistance.
• COVID-19 related flexibilities, such as deadline extensions and remote interviews, may still be in effect. Check the USCIS website for the most current information.

What are the benefits of adjusting my status?

Benefits of adjusting your status include:

1. Obtaining lawful permanent resident status (green card)
2. Avoiding international travel for consular processing
3. Potential eligibility for work authorization during the application process
4. Ability to remain with family in the U.S. during the process
5. Path to U.S. citizenship after meeting residency requirements

How do I adjust my status?

To adjust your status:

1. Determine your eligibility
2. File Form I-485 along with supporting documents
3. Pay required fees
4. Attend biometrics appointment
5. Attend AOS interview (if required)
6. Respond to any Requests for Evidence
7. Await final decision from USCIS

What happens after I file my AOS application?

After filing your AOS application:

1. You’ll receive a receipt notice from USCIS
2. You’ll be scheduled for a biometrics appointment
3. USCIS may send Requests for Evidence if additional information is needed
4. You may be scheduled for an interview
5. USCIS will make a decision on your application

What happens at my AOS interview?

During the AOS interview:

1. A USCIS officer will verify your application information
2. You may be asked questions about your eligibility and background
3. The officer may request additional documentation
4. You’ll have the opportunity to address any concerns or issues

What happens after my AOS interview?

After your AOS interview:

1. The USCIS officer may approve your application on the spot
2. You may receive a decision by mail later
3. If approved, you’ll receive your green card by mail
4. If more information is needed, you may receive a Request for Evidence
5. In some cases, a decision may be delayed for further review

Can I work before my adjustment of status is approved?

Yes, you can apply for work authorization (Form I-765) while your AOS application is pending. If approved, you’ll receive an Employment Authorization Document (EAD) allowing you to work legally in the U.S.

What’s the difference between adjustment of status and consular processing?

The main differences are:

1. Location: AOS occurs within the U.S., while consular processing happens at a U.S. embassy or consulate abroad
2. Eligibility: AOS requires you to be in the U.S., while consular processing is for those outside the U.S.
3. Processing time: AOS can sometimes be faster, especially for family-based cases
4. Ability to remain in the U.S.: AOS allows you to stay in the U.S. during processing

Can I travel while my adjustment of status is pending?

You can apply for Advance Parole (Form I-131) to travel while your AOS is pending. However, it’s generally advised to avoid international travel unless necessary, as it can complicate your application.

Tips for a Successful AOS Application

1. Start early and stay organized
2. Keep copies of all submitted documents
3. Be honest and thorough in all applications
4. Stay informed about processing times and visa bulletin updates
5. Consider seeking professional legal assistance for complex cases

Conclusion

The Adjustment of Status process is complex but navigable with proper preparation and understanding. By following this comprehensive guide, you’ll be well-equipped to handle the challenges and maximize your chances of a successful outcome.

Remember to stay informed about policy changes, seek professional help when needed, and maintain patience throughout the process.

Your journey to permanent residency in the United States is significant, and with diligence and perseverance, you can achieve your goal of obtaining a green card through Adjustment of Status.