Understanding the Adjustment of Status Process for 2024
Updated: Oct 18
Adjustment of Status (AOS) is a critical immigration process that allows individuals already residing in the U.S. to change their temporary visa status to permanent residency (Green Card) without leaving the country. This guide will break down the essential elements of AOS, so you can confidently navigate the application process in 2024.
What is Adjustment of Status (AOS)?
Adjustment of Status (AOS) is a pathway to a Green Card that allows individuals on temporary visas (such as a K-1 fiancé visa or an H-1B work visa) to remain in the U.S. while their application is processed. This is one of the key differences between AOS and consular processing, which requires applicants to leave the U.S. to complete their Green Card application at a U.S. embassy or consulate.
AOS is particularly beneficial for those already in the U.S., as it allows you to avoid travel while securing permanent residency.
Key Forms for Adjustment of Status
Several forms are required to begin the AOS process:
Form I-130: This petition is filed by a U.S. citizen or permanent resident to sponsor a relative.
Form I-485: The primary form for Adjustment of Status.
Form I-765: Used to apply for an Employment Authorization Document (EAD), allowing you to work while your AOS is processed.
Form I-131: This is for Advance Parole, which allows travel outside the U.S. without abandoning your application.
Who is Eligible for Adjustment of Status in 2024?
Not everyone qualifies for AOS. Before starting the process, it’s crucial to ensure you meet the eligibility requirements:
Lawful Entry: You must have been inspected, admitted, or paroled into the U.S. legally.
Physical Presence: You must be physically present in the U.S. at the time of filing.
Immigrant Visa Availability: You must have an available immigrant visa at the time of filing.
Admissibility: You must be admissible to the U.S. or qualify for waivers if there are issues such as past immigration violations.
Even if you meet these requirements, AOS approval is at the discretion of the U.S. Citizenship and Immigration Services (USCIS). Applicants who face complications, such as unlawful entry or criminal convictions, should seek legal guidance to explore waivers that may allow them to proceed with their application.
Adjustment of Status Timeline for 2024
Processing times for Adjustment of Status vary depending on several factors, including the visa category, USCIS field office workload, and whether you are filing for family-based or employment-based AOS. For example, marriage-based AOS for the spouse of a U.S. citizen typically takes 10 to 23 months, while spouses of Green Card holders may experience longer wait times due to visa availability issues.
K-1 visa holders transitioning to a Green Card through AOS often face similar timelines of 10 to 23 months. Employment-based applicants may experience shorter or longer processing times, depending on visa availability.
Costs Associated with Adjustment of Status
The fees for the AOS process can be substantial. As of 2024, the primary fees include:
Form I-130: $675
Form I-485: $1,440 (or $950 for children under 14 filing with a parent)
Some applicants, such as refugees, are exempt from certain fees. It's also important to note that you may qualify for a fee waiver in specific situations, such as financial hardship.
Contact us today to schedule a consultation and get started on the path to permanent residency or visit our website Melendez legal.
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