Adjustment Of Status
Adjustment of Status (AOS) is the process through which an eligible individual who is already in the United States can apply for lawful permanent residence (green card) without having to leave the country and go through consular processing. It involves submitting an application to U.S. Citizenship and Immigration Services (USCIS) and attending an interview with an immigration officer.
To be eligible for Adjustment of Status, you must be physically present in the United States, have an approved immigrant petition (such as Form I-130 or Form I-140), and have a visa number immediately available to you. Additionally, you must not have any disqualifying factors, such as certain criminal convictions, immigration violations, or health-related issues that could render you inadmissible.
The primary form for Adjustment of Status is Form I-485 (Application to Register Permanent Residence or Adjust Status). Depending on your specific circumstances, you may also need to submit other forms, such as Form I-864 (Affidavit of Support), Form I-765 (Application for Employment Authorization), and Form I-131 (Application for Travel Document).
You will need to provide various supporting documents with your Adjustment of Status application, including:
- A copy of your approved immigrant petition (if applicable)
- Two passport-style photos
- A copy of your government-issued photo ID
- A copy of your birth certificate
- A copy of your passport and any previous U.S. visas
- Medical examination report (Form I-693)
- Proof of your lawful entry into the United States
- Evidence of your financial support (Form I-864)
- Any other relevant documents based on your specific circumstances
The filing fee for Form I-485 (Adjustment of Status) is $1,225 for applicants aged 14 to 78, which includes an $85 biometrics fee. Applicants under 14 or over 78 years old pay a reduced fee of $750. Additional fees may apply for other forms that you need to submit with your AOS application, such as Form I-765 or Form I-131.
The processing time for Adjustment of Status applications can vary widely depending on factors such as the USCIS workload, your specific circumstances, and the completeness of your application. It can range from a few months to over a year or more. It is essential to submit a complete and accurate application to minimize delays in processing.
To work while your AOS application is pending, you need to apply for and receive an Employment Authorization Document (EAD) by submitting Form I-765. To travel outside the United States during the AOS process, you need to apply for and receive advance parole by submitting Form I-131. Traveling outside the country without advance parole can result in the abandonment of your AOS application.
During the AOS interview, an immigration officer will review your application and supporting documents, ask questions about your background, and assess your eligibility for lawful permanent residence. You may be asked about your immigration history, family relationships, employment, and any criminal or security issues. It is essential to be honest and provide accurate information during the interview