Understanding adjustment of status

Understanding adjustment of status

Adjustment of Status (AOS) is a crucial process for foreign nationals wishing to become lawful permanent residents (green card holders) of the United States while remaining in the country. It allows immigrants who meet certain eligibility requirements to adjust their immigration status without the need to leave the U.S. This article explores the key components of Adjustment of Status, including its eligibility, process, and benefits.

Eligibility Requirements for Adjustment of Status

To be eligible for Adjustment of Status, applicants must meet specific criteria set by U.S. Citizenship and Immigration Services (USCIS). The primary categories include:

  • Family-based petitions: Applicants who are immediate relatives of U.S. citizens or lawful permanent residents may qualify for AOS. Immediate relatives include spouses, children, and parents.
  • Employment-based petitions: Individuals who have a job offer from a U.S. employer may also be eligible. Certain employment categories provide pathways to permanent residency through sponsorship.
  • Refugee or Asylee status: Refugees or asylees can apply for AOS one year after being granted their status.
  • Special categories: Certain special groups, such as individuals with extraordinary ability or those with specific humanitarian needs, may also qualify.

The Adjustment of Status Process

The Adjustment of Status process involves several steps, each requiring careful attention to detail:

  1. Filing the form: Applicants must submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with required documentation and fees.
  2. Biometric appointment: After filing, applicants will receive a notice for a biometric appointment where fingerprints and photographs are taken for security checks.
  3. Interview: In many cases, USCIS will schedule an interview to discuss the application and verify the information provided. It’s essential to be prepared and present all necessary documentation.
  4. Decision: After the interview, USCIS will issue a decision. If approved, applicants will receive their green card in the mail.

Benefits of Adjustment of Status

The Adjustment of Status process offers several advantages for eligible applicants:

  • Stay in the U.S.: AOS allows individuals to remain in the U.S. throughout the entire process, eliminating the need to return to their home countries.
  • Work authorization: Applicants can request work authorization while their application is pending, allowing them to work legally in the U.S.
  • Path to citizenship: Once an individual becomes a lawful permanent resident, they can eventually apply for U.S. citizenship after fulfilling residency requirements.

Conclusion

Understanding Adjustment of Status is crucial for anyone looking to secure permanent residency in the United States. By familiarizing yourself with eligibility requirements, the application process, and the benefits of AOS, you can take the necessary steps toward achieving your immigration goals. Always consider consulting with an immigration attorney for personalized guidance based on your specific situation.