Adjustment of Status (AOS) allows eligible individuals currently residing in the country to seek lawful permanent residence through the Green Card while in the country. In simpler terms, it involves transforming your nonimmigrant or temporary immigration status into legal permanent resident status while remaining within U.S. borders.
Individuals who have legally entered the country through nonimmigrant visas, for instance, student visas, or work visas, are generally qualified to pursue an adjustment of status and apply for a Green Card.
Consular processing follows its distinct set of protocols and prerequisites as an alternative to Adjustment of Status (AOS) in the quest for a Green Card. This pathway comes into play when an individual finds themselves outside the country and wants to pursue a Green Card. The consular process involves submitting an immigrant visa application at the United States consulate or embassy in their native land or the nation where they currently possess legal residency.
The Adjustment of Status Process
The AOS process can be complex and detailed. However, done right with the help of an immigration attorney, it becomes easier.
Securing a Green Card Via Adjustment of Status
To obtain a Green Card via this process, you must follow these general steps:
- Determine eligibility — First, determine if you are eligible for AOS. Common eligibility categories include family-based, employment-based, refugee or asylum status, diversity visa lottery winners, and other special immigrant categories. Each category has specific requirements, so make sure you meet the criteria for the one that applies to you.
- File immigrant petition — If you are applying based on a family relationship or employment, you should have an immigrant petition:.
- Form I-130 for family-based applications.
- Form I-140 for employment-based applications.
- Form I-170 for humanitarian-based applications.
- Check priority date — There is a waiting period due to visa number limitations for certain visa categories. Check the visa bulletin issued by the USCIS to see if your priority date, the date your immigrant petition was filed, is current.
- File Form I-485 — Once you have an approved immigrant petition and a current priority date, you can file Form I-485. This is the main form of AOS. You will submit it to the U.S. Citizenship and Immigration Services (USCIS).
- Gather supporting documents — Along with Form I-485, you must provide supporting documents. These include identity and travel documents, proof of legal entry into the U.S., and evidence of eligibility, for example, marriage certificates and employment letters.
- Attend biometrics appointment — After submitting Form I-485, you will be scheduled for a biometrics appointment. Your fingerprints, photograph, and signature will be taken for background checks.
- Attend the AOS interview — In some cases, USCIS could schedule an interview to verify the data provided in your application. You must attend the interview and bring any requested documents if the USCIS requires a one-on-one interview.
- Receive decision — USCIS will review your application and decide on your AOS request. You should know the decision No later than 90 days following the interview. The USCIS can either grant or reject your application. If approved, you will receive your Green Card in the mail. USCIS will issue a Request for Evidence (RFE) if additional information is needed.
During the AOS process, you could also apply for work authorization (Form I-765). Alternatively, you can apply for travel, the advance parole permission (Form I-131) if you are eligible.
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Working While Your Status Application is Pending.
Working before your status is approved in the United States depends on your visa type. Additionally, the specific restrictions or permissions associated with the visa affect your potential to work. Some visas expressly permit employment, while others could prohibit any form of work until your status undergoes approval or alteration.
For instance, if you possess a nonimmigrant visa that allows employment, like an H-1B or L-1 visa, you are authorized to work for the employer specified in your visa approval notice. However, your job must align with the terms and conditions delineated in your visa. For example, H-1B visa holders can only work for the sponsoring employer in the precise role specified in the approved petition.
On the contrary, if you find yourself in the U.S. on a nonimmigrant visa that does not explicitly grant work privileges, like a B-2 tourist visa, you are generally disallowed from employment until you secure a work authorization.
Understanding the limitations and restrictions of your present visa helps you avoid violating U.S. immigration laws. Working without authorization could have severe repercussions, including the potential for deportation or the prospect of facing visa denials in the future.
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International Travel When Your AOS is Pending.
Traveling internationally while your Adjustment of Status (AOS) application is still pending carries inherent risks and warrants thoughtful contemplation. If you find yourself with an ongoing AOS application, departing the country without securing an Advance Parole document or an immigrant visa could lead to abandoning your AOS application.
Advance Parole is an essential travel permission document granted by the U.S. Citizenship and Immigration Services (USCIS). It is issued to individuals whose Adjustment of Status (AOS) application is pending or awaiting certain other pending immigration benefits. The process involves submitting Form I-131, the Application for Travel Document, to apply for Advance Parole.
The core objective of Advance Parole is to enable individuals with pending AOS applications to temporarily travel outside the country and return without the risk of forsaking their AOS application. Traveling abroad while your AOS application remains pending without an Advance Parole document could render the application abandoned. This will have a consequential impact on your immigration status.
When faced with an emergency or urgent need to travel outside the United States while your Adjustment of Status (AOS) application is still pending, it is best to seek guidance from an immigration attorney. The primary aim is to ascertain the most fitting course of action to address your situation and ensure your AOS application remains unaffected.
What is the Cost of Applying for a Green Card Through (AOS) Adjustment of Status?
The USCIS Fee Schedule breaks down the fees you must pay to access the various services when applying for the Adjustment of Status. However, here is a breakdown:
- Form I-130 filing fee — When initiating the process with the initial Form I-130 petition for family-sponsored Green Card applications, the standard fee is $535. Should your situation necessitate a separate petition, exercise caution by thoroughly reviewing the instructions provided when filling in to confirm the accurate fee.
- Form I-485 filing fee — Following the approval of Form I-130, you will proceed to submit Form I-485, the primary application for AOS. Typically, the filing fee for Form I-485 is $1,140. Furthermore, A one-time fee of $85 for biometric services is also applicable. It intends to cover the costs of fingerprinting and background checks.
- Reduced fee for applicants under 14 — Should you be below 14 and apply as a dependent on your parent's I-485 application, the filing fee amounts to $1,149. Conversely, if you are below 14 years and apply independently, devoid of a parent's application, the standard filing fee of $1,140 applies.
- Fee waiver for refugees — Notably, refugees submitting Form I-485 are eligible for a complete waiver of both the filing and biometrics fees.
How Long Does it Take to Adjust Status?
The timeline for the AOS is notably subject to considerable variation contingent upon:
- The specific application type,
- Individual circumstances, and
- Other influencing factors.
The United States Citizenship and Immigration Services regularly updates processing times. They are subject to alteration based on USCIS workload and other determinants.
For example, the AOS timeline for a marriage-based Green Card application typically ranges from one and a half years to one year and ten and a half months. This is for the partner of a citizen. Similarly, applying to the legal partner of a permanent resident. Likewise, the timeline for adjusting status from a K-1 Fiancé Visa to a marriage-based Green Card could also extend to around one and a half years to one year and ten and a half months or more, depending on individual circumstances.
Applicants should monitor USCIS updates and processing times related to their specific category and USCIS service center. This helps them know the expected duration of their AOS application.
Altogether, AOS can undoubtedly be a protracted process. It requires significant patience during the wait for application processing and eventual Green Card issuance.
Additionally, you can check the status and progress of your green card application. You can access the USCIS website and use your unique case number. You can access valuable information and real-time updates by entering this case number. These updates are available at the various stages of your green card application process.
Requirements for AOS
Eligibility for Adjustment of Status (AOS) hinges on meeting the requirements for obtaining a Green Card or permanent residency in specific categories:
- Family-based — Applicants can only acquire a green card through family sponsorship through a spouse, parent, child, or an immediate family member of an American national or a permanent resident.
- Employment-based — The viability of A green card through employment-based immigration materializes through employer sponsorship or as a result of your accomplishments and capabilities.
- Other categories — Potential eligibility also extends to securing permanent residency on compassionate grounds. This is achieved via the Diversity Visa Lottery or other designated reasons.
Adjustment of Status is particularly specific to certain types of marriage visas, such as:
- CF1 spouse; CF2 child when sponsored by an American citizen. The same visa is used when the foreign husband/wife applies for an AOS from a K fiancé visa.
- IR6/CR6 husband/wife and an IR7/CR7 child when sponsored by an American citizen, and
- F2A classification (F26 spouse; F27 child) with sponsorship from a green card holder or a legal permanent resident.
Broadly, eligibility for AOS requires entering the United States through the Visa Waiver Program or a valid visa during the latest entry. Although most applicants must be in the country legally upon initial application for AOS, even if his/her visa subsequently Lapses before the process is finished, an exception applies to those applying on account of their marriage to an American citizen. You can opt for the AOS process regardless of whether you overstayed your visa, provided the initial entry was with a visa waiver or a valid visa.
Green Card availability varies depending on the relationship with the sponsor and whether the sponsor is a U.S. citizen or a permanent resident Immediate relatives of U.S. citizens face fewer challenges on Green Cards. However, more distant relatives (family preference) or those sponsored by Green Card holders could experience longer waiting periods. Similarly, employment-based Green Card applicants could encounter delays contingent on visa availability.
The 90-day Rule and How it Affects the Adjustment of Status
Within U.S. immigration law, the ninety-day rule is significant and pertains to specific nonimmigrant visa holders. You must understand this rule to avert potential immigration consequences. The rule is based on "preconceived intent," which aims to address visa fraud and misuse.
Per the ninety-day rule, if a nonimmigrant visa holder engages in particular activities no later than 90 days of arriving in the United States, it could raise the presumption of their "preconceived intent." These activities are common among people pursuing immigration benefits, like AOS for permanent residency. This is despite their initial entry being on a nonimmigrant visa.
This rule applies to nonimmigrant visa holders who initially enter the U.S. with temporary visas, for example, tourist visas, business visas, or student visas, and subsequently engage in activities that show a potential desire to establish permanent residence within the country. These activities include:
- Matrimonial ties with an American citizen.
- Initiating an AOS application for a Green Card, or.
- Taking steps toward permanent residency.
Should an individual engage in these activities within the 90-day entry time frame, the American government could assume that they intended to seek immigration benefits during their entry. This assumption holds regardless of whether they explicitly mention it during the visa application process or at the border.
Noncompliance with the ninety-day rule can result in grave repercussions for an AOS application. These violations could lead to the denial of the AOS application. This potentially results in the individual being mandated to depart the country and apply for a Green Card through consular processing from their country of origin.
Note: The ninety-day rule is not universally applicable to all individuals. There are exceptions and specific scenarios where the rule does not apply. Certain temporary visas, like the H-1B and L-1 visas, are notable for their allowance of "dual intent." If you hold these visas, you can maintain your intention to move permanently to the United States while using the visa for temporary work or business engagements.
Benefits You Will Enjoy After the USCIS Grants Your AOS Application
Having successfully changed your status and obtained a Green Card, you will enjoy several significant benefits in the United States. This newfound status grants you the liberty to:
- Travel internationally without constraints,
- Work and reside unrestrictedly anywhere within the country, and
- Potentially obtain American citizenship.
If you secured your Green Card through marriage and your union is recent, you can secure a conditional Green Card valid for two years. As the two-year period draws close, you must upgrade to a full ten-year Green Card to maintain your status as a lawful permanent resident.
The journey toward U.S. citizenship varies depending on the type of Green Card acquired. Becoming eligible to apply for American citizenship necessitates holding Green Card status for a period ranging from 3 to 5 years. Specific requirements must be met to qualify for citizenship. These include:
- Fulfilling tax obligations,
- Avoiding convictions for certain crimes, and
- Refraining from extended absences from the United States without securing a reentry authorization.
The attainment of American citizenship opens up further rights and opportunities, including empowering you to:
- Participate in elections by voting,
- Petition for the immigration of family members to the U.S., and
- Find reassurance that your status remains unaffected by shifts in immigration laws or policies.
Find an Los Angeles Immigration Attorney Near Me
Immigration law is multifaceted and ever-evolving. It demands profound comprehension of the law, regulations, and procedures, thus creating the need for immigration attorneys. They can assist you in preparing and submitting immigration applications within legal timelines.
Furthermore, when faced with legal complexities or challenges during the immigration process, an attorney can represent you before immigration authorities or in immigration court when necessary.
Choosing to have an immigration attorney by your side imparts a sense of tranquility, knowing that a knowledgeable and experienced professional is leading you through the immigration process. Should any impediments or delays arise in your immigration case, an attorney can diligently work on finding viable solutions and adeptly resolve the emerging challenges.
By enlisting the services of the California Immigration Attorney, you gain the support and expertise required to overcome the hurdles and achieve your immigration goals with confidence. Our guidance makes all the difference in your immigration journey. Contact our team today at 424-789-8809 for more information.