The Application for Adjustment of Status (AOS) allows eligible individuals to become lawful permanent residents (green card holders) without leaving the United States. Commonly used by individuals on temporary visas, this process lets them transition to permanent residency if they meet specific requirements.
Eligibility Requirements
- Current Status: Must have entered the U.S. lawfully and maintain valid status.
- Family or Employment Sponsorship: Typically available for those sponsored by family or employers.
- Continuous Presence: Generally, applicants must not have left the U.S. after entering.
Steps for Adjustment of Status
- File Form I-485: Complete the USCIS Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents.
- Submit Supporting Evidence: Provide identity proof, status documentation, and financial information (Form I-864 Affidavit of Support if sponsored by a relative).
- Biometrics Appointment: Attend a USCIS biometrics appointment for fingerprints and photographs.
- Attend Interview: Some applicants may be required to attend an interview to verify eligibility and ensure application accuracy.
- Receive USCIS Decision: Upon review, USCIS will approve or deny the application, based on eligibility and completeness of the application.
Adjustment of Status Steps | Details |
---|---|
Form I-485 Submission | Complete and submit with supporting docs |
Biometrics Appointment | Provide fingerprints and photos |
Interview (if required) | Verify eligibility and review information |
Final Decision | Approved or denied based on USCIS review |
Important Considerations
- Travel Restrictions: Avoid travel outside the U.S. while the application is pending unless advanced parole is obtained.
- Public Charge Rule: Applicants must demonstrate that they will not become a public charge, usually through an Affidavit of Support if family-sponsored.
- Processing Time: Processing times can vary based on visa category and USCIS workload but typically range from several months to over a year.
Conclusion
The Adjustment of Status application is a crucial path for eligible individuals seeking to become permanent residents without leaving the United States. Careful preparation and timely submission of required documents enhance the likelihood of success. Consulting with an immigration professional can help navigate this process efficiently and address specific case nuances.