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Apply for Green card through Adjustment of Status
Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.
What is Adjustment of Status (AOS)?
Adjustment of status, commonly referred to as AOS, provides a route for individuals in the United States to change from temporary visa status to lawful permanent resident (Green Card holder) status. AOS is often used by K-1 (fiancé) visa holders, H-1B (employee) visa holders, or immediate family members of U.S. citizens. The major advantage of AOS over consular processing is that applicants can remain in the United States while their application is being processed, thereby avoiding the need to return to their home country.
Key forms in the AOS process
Several key forms are required in the AOS process:
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Form I-130 (Petition for Alien Relative): Filed by a U.S. citizen or permanent resident to sponsor a family member.
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Form I-485 (Application to Adjust Status): The main form used to apply for AOS.
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Form I-765 (Application for Employment Authorization): Allows you to work legally while you wait for your AOS form to be approved.
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Form I-131 (Advance Parole): Allows travel outside the United States during the waiting period without abandoning the AOS application.
While the consular process requires applicants to go through an interview and have the visa issued in their home country, the AOS allows individuals to remain in the United States, making it a preferable option for those already residing here.
Eligibility for Adjustment of Status
Before diving into the AOS process, it is critical to ensure that the requirements are met. The eligibility requirements, explained in Section 245(a) of the Immigration and Nationality Act (INA), define who can apply for AOS while remaining in the United States.
Eligibility criteria
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Legal Entry: You must have been inspected, admitted, or paroled into the United States. This means you entered the country legally through a recognized port of entry.
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Correct Submission: The AOS application must be properly submitted with all required documents and fees.
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Physical Presence: You must be physically present in the United States when you file the AOS form.
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Immigrant Visa Availability: The immigrant visa must be available to you at the time of filing and when your application is processed. Immediate relatives of U.S. citizens often have visas available to them without having to wait long periods of time.
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Admissibility: You must be admissible to the United States or eligible for a waiver if you have any grounds for inadmissibility (for example, past immigration violations or a criminal record).
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Discretionary Authorization: Even if you meet all the requirements, USCIS has discretion to approve or deny your application, so it is essential to present a strong and accurate case.
For those who have committed certain immigration violations or have other ineligibility issues, such as illegal entry, the law may still provide relief through waivers or exceptions, such as INA 245(i), which allows certain applicants to adjust their status despite prior unauthorized entries.
Additional considerations
Applicants should be cautious about maintaining legal status throughout the process and ensure that they meet all requirements set forth in INA 245(a). Common reasons for ineligibility include illegal entry, criminal convictions, or violations of U.S. immigration laws. Applicants facing these issues should consult an immigration attorney, as they may qualify for a waiver, such as those provided under INA 245(i), for certain illegal entries.
USCIS will exercise discretion in approving or denying the application, so it is critical that applicants submit complete and truthful documentation.
The 90-day rule
The 90-day rule is an important consideration for individuals on temporary nonimmigrant visas applying for AOS. This rule assumes that if you apply for AOS within 90 days of entering the United States on a visa that requires nonimmigrant intent (such as a tourist or student visa), you may have had a preconceived intent to immigrate, which may jeopardize your application. To avoid complications, it is advisable to wait until 90 days have passed since your entry.
Adjustment of status period in 2024
The AOS processing time may vary depending on several factors, including the type of visa, the processing times of the local USCIS office, and the overall workload of immigration services.
Marriage-Based Green Card Period
For people adjusting their status through marriage to a U.S. citizen, the process typically takes between 10 and 23 months. However, the time frame can be extended from 29 to 40 months for spouses of permanent residents (Green Card holders) due to visa availability issues.
Marriage-based Green Card applicants are often eligible to file multiple forms at the same time, such as Form I-485 (Application to Adjust Status) , Form I-765 (Employment Authorization), and Form I-131 (Advance Parole). This allows them to work and travel while they wait for their Green Card to be approved.
Period from K-1 Fiancé Visa to Green Card
For those entering the United States on a K-1 fiancé visa, the AOS process typically takes between 10 and 23 months. After marrying their U.S. fiancé, K-1 visa holders can file Form I-485 to begin the adjustment process.
During this period, applicants can apply for an Employment Authorization Document (EAD) and Advance Parole to work and travel, ensuring they maintain their legal status and ability to support themselves while awaiting approval of their Green Card.
Other visa categories and processing periods
AOS processing times for other visa categories, such as employment-based or humanitarian visas, may also vary. Employment-based AOS applicants may experience shorter processing times, depending on visa availability and USCIS workload. Humanitarian cases, such as asylum seekers or refugees, follow different timelines and eligibility requirements, often based on country conditions and USCIS priorities.
For current AOS processing times, USCIS offers an online Processing Time Calculator, which allows applicants to check the estimated wait time for their specific form and category.
Adjustment of Status Fee in 2024
The costs associated with the AOS process can add up very quickly. In 2024, the fee includes:
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Form I-130 (Petition for Alien Relative): $675
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Form I-485 (Application to Adjust Status): $1440
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For applicants under 14 years of age who apply with a parent, the fee is $950.
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Refugees are exempt from paying the I-485 fee.
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Form I-765 (Employment Authorization Document): No additional fees if filed with Form I-485.
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Form I-131 (Advance Parole): No additional fees if filed with Form I-485.
These fees cover the government's processing of both the petition and the adjustment application. Although the costs can be significant, some applicants may be eligible for a fee waiver, particularly in humanitarian cases.
Adjustment of status for marriage-based cases
Marriage-based AOS is one of the most common routes to obtaining a Green Card. After the U.S. citizen spouse files Form I-130 (Petition for Alien Relative), the foreign spouse can file Form I-485 for AOS.
The waiting period to obtain a marriage-based Green Card typically ranges from 12 to 24 months, depending on USCIS processing times and whether the interview is waived. During the waiting period, applicants can apply for an EAD (Employment Authorization Document) to legally work in the United States and advance permission to travel.
Consular Processing vs. Adjustment of Status (AOS)
Applicants can choose between Adjustment of Status (AOS) or Consular Processing when applying for a Green Card. The major difference lies in the applicant's location during the process.
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AOS: Allows individuals who are already in the United States to remain in the country while their Green Card application is being processed. This avoids the need to travel to their home country, which is particularly beneficial for those with strong ties to the United States or those whose circumstances make it difficult to travel.
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Consular Processing: Requires individuals to return to their home country and apply for their Green Card at a U.S. embassy or consulate. This option may be faster in some cases, but requires international travel and a consular interview.
Each method has its advantages, and the best option depends on the applicant's particular circumstances. For example, consular processing may be faster for applicants located outside the United States or for certain visa categories with shorter processing times. However, AOS offers more flexibility for those who already reside in the United States and prefer to avoid international travel.
Adjustment of Status (AOS) Steps
The AOS process has many steps that must be completed in the correct order. Here is a summary of the process:
1. Determine eligibility
Before you begin the AOS process, make sure you meet the eligibility requirements for your category to obtain a Green Card. Whether you apply through family, employment, or for humanitarian reasons, each category has its own set of requirements.
2. Submit the immigration petition (If necessary)
Most AOS applicants need a U.S. citizen or permanent resident relative, or an employer, to file an immigration petition on their behalf. Common petitions include:
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Form I-130 (Petition for Alien Relative): For family-based Green Cards.
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Form I-140 (Petition for Alien Immigrant Worker): For employment-based Green Cards.
Some categories, such as immediate relatives of U.S. citizens, may allow you to file the immigrant petition together with Form I-485.
3. Check visa availability
In most cases, there must be a visa available in your category before you can file Form I-485 . You can check visa availability through the Visa Bulletin published by the Department of State. Immediate relatives of U.S. citizens, such as spouses and unmarried children under 21, typically do not have to wait for a visa number, as visas are always available for them.
4. Submit Form I-485 (Application for Adjustment of Status)
Once your immigrant petition is approved (if necessary), you can file Form I-485 to apply for lawful permanent resident status. Be sure to follow the filing instructions specific to your Green Card category and include all necessary supporting documents. Submitting an incomplete application may result in delays or even denial.
5. Attend the biometric services appointment
After you file Form I-485, USCIS will send you a notice for your biometric services appointment. You must attend this appointment to have your fingerprints, photo, and signature taken for the background check. Make sure that all the information provided on your application is accurate and up to date, as discrepancies may lead to complications in your case.
6. Attend the adjustment of status interview (if necessary)
In some cases, USCIS may schedule an AOS interview. This usually occurs at your local USCIS office, and you will need to appear in person. The interview gives USCIS the opportunity to verify your eligibility for permanent residence and ask any additional questions they may have about your case.
Be prepared to bring all original documents you submitted with your AOS application, including your passport, Form I-94 (if applicable), and any supporting documentation. If you are applying for a Green Card based on marriage, both spouses should attend the interview and be prepared to answer questions about their relationship.
7. Respond to requests for Additional Evidence (if applicable)
If USCIS determines that additional information is needed to process your application, it will issue a Request for Evidence (RFE). The RFE will specify the additional documents or information required, where to submit it, and the deadline for your response. It is crucial to respond to an RFE promptly and thoroughly, as failure to provide the requested information may result in delays or denial.
8. Check the status of your AOS case
You can track the progress of your AOS application by checking your case status online using the receipt number provided by USCIS. This allows you to stay informed of any updates or changes to your case.
By following these steps, you can successfully navigate the Adjustment of Status (AOS) process to obtain your Green Card without leaving the United States. This comprehensive guide covers eligibility, required forms, biometrics, and interviews, ensuring you are well prepared for each stage of the process.
Following all of these steps successfully can be difficult without expert help. Our experienced immigration attorneys are here to make sure your Adjustment of Status application is filed correctly and on time. Contact us today to get started on your path to a Green Card! Schedule a consultation.
Common OSA Mistakes to Avoid
Making mistakes during the AOS process can delay or even ruin an application. The most common mistakes are:
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Submission of incorrect forms or failure to meet deadlines.
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Inadequate documentation, such as proof of financial support (Form I-864).
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Failing to respond promptly to USCIS Requests for Evidence (RFEs) .
Consulting with an immigration attorney is advisable for complex cases, especially those involving inadmissibility issues. Filing an Adjustment of Status application can be complicated, and making mistakes can delay or derail your application.
Don't risk your future. Contact our team of experts today for professional assistance and to ensure your application is error-free. Contact us now.
Post-Approval: What to Expect?
Once your AOS is approved, you will receive your Permanent Resident Card (Green Card) in the mail. It is important for you to know the responsibilities and privileges that come with being a Green Card holder:
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Green Card Renewal: You will need to renew your Green Card every 10 years using Form I-90.
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Travel: You may travel outside the United States, but extended stays abroad may affect your permanent residency.
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Path to U.S. Citizenship: After five years of having a Green Card (or three years if you are married to a U.S. citizen), you can apply for citizenship using Form N-400.
Pros and Cons of Adjustment of Status (AOS)
Pros of AOS:
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Remain in the United States during the process: Applicants do not need to return to their home country while waiting for the Green Card.
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EAD and Advance Parole Eligibility: AOS applicants may apply for an Employment Authorization Document (EAD) and Advance Parole, which allows them to legally work and travel while their case is pending.
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No Consular Interviews: AOS applicants avoid the consular interview process because it can be more complex and requires travel abroad.
Cons of AOS:
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Longer processing times: Depending on the visa category and USCIS delays, AOS can take from several months to years.
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Risk of denial: If your AOS application is denied, your stay in the United States could become unauthorized, which may result in removal proceedings.
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Inadmissibility Issues: Certain grounds of inadmissibility may render AOS applicants ineligible, although in some cases waivers may be available.
How can we help you?
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We determine if you meet the eligibility requirements to apply for a Green Card/permanent resident status.
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After thoroughly reviewing your case, we determine which petition fits your specific situation and file the appropriate forms on your behalf.
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To save you time and money, we check visa availability (if applicable)
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We file the I-485 on your behalf and other forms as needed.
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You will receive a notice for your biometric services appointment to provide your fingerprint.
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We prepare you for your interview (if necessary)
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We respond to the request for additional evidence (most attorneys will charge you again to do this; however, we are so confident in our work that this service is included if you hire us at no additional charge)
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USCIS will send us a written decision notice. If your application is approved, you will receive your permanent resident card shortly afterward. If your application is denied, you may appeal the decision or file a motion to reopen or reconsider depending on your specific case.
The adjustment of status process can be overwhelming, but you don't have to do it alone. Our firm offers expert guidance to help you understand your options, prepare your applications, and be confident at your USCIS interview. With our support and commitment, you can make your dream of permanent residency a reality.
Frequently Asked Questions
Q1. Where did you apply for your immigrant visa or adjustment of status?
I applied for my immigrant visa through the U.S. Embassy in [Country Name] or filed for adjustment of status with the U.S. Citizenship and Immigration Services (USCIS) after arriving in the United States.
Q2. How long does the adjustment of status take?
The adjustment of status process can take anywhere from 8 months to over a year, depending on factors such as the complexity of the case, USCIS workload, and whether additional documentation or interviews are required.
Q3. Can I work while my AOS application is pending?
Yes, you can apply for an Employment Authorization Document (EAD) along with your AOS application, which allows you to work while your case is pending.
Q4. Can I travel outside the United States while my AOS application is being processed?
Yes, but you will need to obtain Advance Parole to Travel (Form I-131) before you leave. Traveling without this permission could result in your AOS application being considered abandoned.
Q5. How long does the AOS process take?
The time varies depending on the type of visa and USCIS processing times. For example, AOS applications for marriage-based Green Cards can take between 10 and 24 months, while other categories may take longer.
Q6. What is the 90-day rule and how does it affect OSA?
The 90-day rule assumes that if you apply for AOS within 90 days of entering the United States on a nonimmigrant visa, your initial intent may have been misinterpreted, which may complicate your application.
Q7. Can I change jobs while my employment-based AOS is pending?
Yes, if your Form I-485 has been pending for more than 180 days and the new job is in the same or similar occupational classification, you may change jobs without affecting your application.
Q8. What documents are needed to apply for AOS?
Typical documents include Form I-485 , Form I-130 (family-based cases) , Form I-864 (affidavit of support), medical examination results, and financial documents, among others.
Q9. Can I include my spouse and children in my AOS application?
Yes, your spouse and unmarried children under the age of 21 can be listed as derivative beneficiaries on your AOS application.
Q10. What happens if my AOS application is rejected?
If your claim is denied, you will receive a notice explaining why. You may be able to appeal or file a motion to reopen or reconsider, depending on the specific circumstances.
The adjustment of status process can be overwhelming, but you don't have to do it alone. Our firm offers expert guidance to help you understand your options, prepare your applications, and feel confident about your USCIS interview. With our support and commitment, you can make your dream of permanent residency a reality. Contact us today for a consultation.