I-485 / ¿Qué es el Ajuste de Estatus y Quién Califica?

Adjustment of Status (AOS) is a crucial immigration process that allows eligible individuals already in the United States to obtain permanent residency (Green Card) without needing to return to their country of origin. This process, overseen by the United States Citizenship and Immigration Services (USCIS), offers a significant opportunity for many immigrants to solidify their status and continue building their lives in the U.S.

Who Qualifies for Adjustment of Status?

Eligibility for AOS is determined by several factors, including the immigration category under which the individual is applying, their current status in the U.S., and their immigration and criminal history. Here are some common categories:

1. Family Members of U.S. Citizens and Permanent Residents

• Spouses of U.S. citizens

• Unmarried children under 21 years of age of U.S. citizens

• Parents of U.S. citizens over 21 years old

• Siblings of U.S. citizens (under certain conditions)

• Spouses and unmarried children of permanent residents

1. Workers and Specialized Employees

• Individuals with job offers from U.S. employers in specific employment categories.

• Skilled workers, professionals, and other qualified workers.

1. Refugees and Asylees

• Individuals admitted to the U.S. as refugees.

• Individuals granted asylum in the U.S.

1. Other Special Categories
   

• Special Immigrant Juveniles (SIJ).

• Victims of human trafficking or certain crimes.

• Immigrants selected in the Diversity Visa Lottery Program.

General Requirements

To qualify for AOS, applicants must meet several general requirements in addition to those specific to their immigration category:

• Physical Presence in the United States: The applicant must be present in the U.S. at the time of filing the application.

• Legal Entry into the Country: Generally, the applicant must have been admitted or authorized into the U.S. after inspection at a port of entry.

• Eligibility for an Immigrant Visa: The applicant must be eligible for an immigrant visa in a category that allows AOS.

• Admissibility: The applicant must be admissible to the U.S. under immigration laws. Factors such as criminal records or previous immigration violations may render a person inadmissible.

The Application Process

The AOS process involves several key steps:

1. Filing the Application (Form I-485): Applicants must complete and file Form I-485, Application to Register Permanent Residence or Adjust Status, along with required supporting documents.

2. Biometrics: After filing, applicants will receive an appointment to provide fingerprints, a photograph, and a signature.

3. Interview: Many applicants will need to attend an interview at a local USCIS office.

4. Decision: USCIS reviews the application and makes a decision. If approved, the applicant receives a permanent resident card (Green Card).

Final Considerations

Adjustment of Status is an invaluable opportunity for many immigrants wishing to make the United States their permanent home. However, the process can be complex and often requires assistance from an immigration lawyer or accredited advisor. Understanding the requirements and carefully following USCIS instructions are crucial for a successful application.

Did you know? The Diversity Visa Lottery Program randomly selects 50,000 people from countries with low rates of immigration to the U.S., providing a unique chance for a wide range of individuals to achieve permanent residency.

For more detailed and updated information, applicants should visit the official USCIS website or consult directly with an immigration law professional.