Adjustment of Status (AOS) is the process that allows eligible individuals already in the United States on a temporary visa to apply for lawful permanent resident status (green card) without having to return to their home country. This guide provides a comprehensive overview of the AOS requirements, application process, and tips for success.

Eligibility Requirements for Adjustment of Status

1. Eligibility Category: Must qualify under an eligible category such as family-based, employment-based, or asylum/refugee status.
2. Lawful Entry: Must have been lawfully admitted to the U.S. on a valid visa.
3. Admissibility: Must not have violated the terms of your visa and must be admissible to the U.S. (e.g., no criminal record).

Step-by-Step Guide to Applying for Adjustment of Status

Step 1: Determine Eligibility

Verify that you meet the eligibility requirements for adjustment of status.

Step 2: Typically file Form I-130 or Form I-140 (if applicable)

Before filing for AOS, you must have an approved immigrant petition. In most cases this is Form I-130 (Petition for Alien Relative) for family-based applications or Form I-140 (Immigrant Petition for Alien Worker) for employment-based applications.

Step 3: Gather Supporting Documents

Collect the necessary documents to support your AOS application, including:

• Proof of lawful entry (e.g., I-94 form, visa stamp)
• Approved immigrant petition (I-130 or I-140)
• Proof of eligibility category (e.g., family relationship, employment offer)
• Medical examination report (Form I-693)

Step 4: File Form I-485

Submit Form I-485, Application to Register Permanent Residence or Adjust Status, to the United States Citizenship and Immigration Services (USCIS).

1. Supporting Documents: Include the necessary supporting documents.
2. Filing Fee: Pay the required filing fee.

Step 5: Attend Biometrics Appointment

USCIS will schedule a biometrics appointment where your fingerprints, photograph, and signature will be taken.

Step 6: Attend Adjustment of Status Interview

USCIS may schedule an interview to review your application and verify the information provided. Be prepared to answer questions and provide additional documentation if requested.

Step 7: Wait for USCIS Decision

USCIS will process your application. If additional information is needed, USCIS may issue a Request for Evidence (RFE).

1. Approval Notice: If approved, you will receive a notice and your green card.
2. Denial Notice: If denied, you will receive a notice with the reasons for denial.

Key Considerations and Tips for a Successful Adjustment of Status Application

1. Accurate Documentation: Ensure all documents are accurate, complete, and well-organized. Thorough documentation increases the chances of approval.
2. Timely Submission: Submit all required forms and documents promptly to avoid delays.
3. Legal Assistance: Consider hiring an immigration attorney to guide you through the AOS process and ensure all requirements are met.

Frequently Asked Questions

What is Adjustment of Status (AOS)?

AOS is the process of changing from a temporary visa holder to a lawful permanent resident (green card holder) without leaving the U.S.

How long does the Adjustment of Status process take?

Processing times can vary, but the entire process typically takes 8 to 14 months.

Can I work while my Adjustment of Status application is pending?

Yes, you can apply for a work permit (Employment Authorization Document) while your AOS application is pending.

Can I travel outside the U.S. while my Adjustment of Status application is pending?

Yes, you can apply for advance parole, which allows you to travel abroad and return to the U.S. while your AOS application is pending.

What happens if my Adjustment of Status application is denied?

If your application is denied, you can review the reasons for denial and consider reapplying or exploring other options. An immigration attorney can provide guidance on next steps.

Do I need a lawyer to apply for Adjustment of Status?

While it is not required, hiring an immigration attorney can help ensure your application is accurate, complete, and increases your chances of approval.

Can my family members also apply for Adjustment of Status?

Yes, your family members can apply for AOS if they meet the eligibility requirements. Each family member must submit a separate application.

What should I bring to the Adjustment of Status interview?

Bring your appointment notice, passport, I-94 form, and any other documents that support your application.

Is premium processing available for Adjustment of Status?

No, premium processing is not available for AOS applications.

Conclusion

Applying for Adjustment of Status involves a detailed and multi-step process that requires careful planning and thorough documentation. By understanding the eligibility requirements, gathering the necessary evidence, and following the proper procedures, you can increase your chances of a successful AOS application. For personalized assistance and expert guidance, consider consulting with Elliott Immigration Law LLC. Our experienced team is here to help you navigate the complexities of the AOS process and achieve your immigration goals.

Contact Us Today

If you need expert assistance with your Adjustment of Status application in Atlanta, Georgia, contact Elliott Immigration Law LLC today. Our team is here to help you navigate the complexities of immigration law and achieve your goals.

For more information or to schedule a consultation, please access our contact us page or call us at (404) 890-0372. We look forward to helping you with your immigration needs in Atlanta, Georgia.