Green Card: Adjustment of Status
Adjustment of Status Process Explained for 2024
Adjustment of Status (AOS) allows individuals already in the U.S. to change their immigration status to permanent residency (Green Card) without leaving the country. Understanding the nuances of this process is essential for smooth application.
Table of Contents
What is Adjustment of Status (AOS)?
Adjustment of Status, commonly known as AOS, provides a pathway for individuals in the U.S. to switch from a temporary visa status to that of a lawful permanent resident (Green Card holder). AOS is typically used by those on visas like K-1 (fiancé visa), H-1B (work visa), or those classified as immediate relatives of U.S. citizens. The significant advantage of AOS over consular processing is that applicants can remain in the U.S. while their application is processed, avoiding the need to return to their home country.
Key Forms in the AOS Process
Several key forms are required in the AOS process:
-
Form I-130 (Petition for Alien Relative): Filed by a U.S. citizen or permanent resident to sponsor a family member.
-
Form I-485 (Application to Adjust Status): The main form used to apply for AOS.
-
Form I-765 (Application for Employment Authorization): Allows you to work legally while you wait for your AOS form to be approved.
-
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.
Adjustment of Status Eligibility
Before diving into the AOS process, it's crucial to ensure eligibility. The eligibility requirements, outlined in Section 245(a) of the Immigration and Nationality Act (INA), define who can apply for AOS while remaining in the U.S.
Eligibility Criteria
-
Lawful Entry: You must have been inspected, admitted, or paroled into the U.S. This means you entered the country legally through a recognized port of entry.
-
Proper Filing: The AOS application must be properly filed with all required documents and fees.
-
Physical Presence: You must be physically present in the U.S. when filing for AOS.
-
Immigrant Visa Availability: An immigrant visa must be available for you at the time of filing and when your application is processed. Immediate relatives of U.S. citizens usually have visas available without long waiting times.
-
Admissibility: You must be admissible to the U.S. or qualify for a waiver if you have any grounds for inadmissibility (e.g., past immigration violations or criminal records).
-
Discretionary Approval: Even if you meet all the criteria, the USCIS has discretion in approving or denying your application, so it’s essential to present a strong, truthful case.
For those who have committed certain immigration violations or have other ineligibility issues, such as unlawful entry, the law may still provide relief through waivers or exceptions, like INA 245(i), which allows certain applicants to adjust their status despite previous unauthorised entries.
Additional Considerations
Applicants must be cautious about maintaining lawful status throughout the process and ensure they meet all the requirements under INA 245(a). Common grounds for ineligibility include unlawful entry, criminal convictions, or violations of U.S. immigration laws. Applicants facing these issues should consult an immigration attorney, as they may qualify for waivers, such as those under INA 245(i), for certain unlawful entries.
The USCIS will exercise discretion in approving or denying the application, making it critical for applicants to provide thorough and truthful documentation.
The 90-Day Rule
The 90-day rule is an important consideration for individuals on temporary nonimmigrant visas who apply for AOS. This rule presumes that if you apply for AOS within 90 days of entering the U.S. on a visa that requires nonimmigrant intent (such as a tourist or student visa), you may have had a preconceived intention to immigrate, which can jeopardize your application. To avoid complications, it’s advisable to wait until after 90 days have passed since your entry.
Adjustment of Status Timeline in 2024
The timeline for AOS can vary depending on several factors, including the type of visa, the processing times of your local USCIS field office, and the overall workload of immigration services.
Marriage-Based Green Card Timeline
For individuals adjusting status through marriage to a U.S. citizen, the process typically takes 10 to 23 months. However, the timeline may be extended to 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 several forms concurrently, including Form I-485 (Application for Adjustment of Status), Form I-765 (Employment Authorization), and Form I-131 (Advance Parole). This allows them to work and travel while waiting for their Green Card to be approved.
K-1 Fiancé Visa to Green Card Timeline
For those entering the U.S. on a K-1 fiancé visa, the AOS process usually takes around 10 to 23 months. After marrying their U.S. citizen 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 waiting for their Green Card approval.
Other Visa Categories and Processing Times
AOS processing times for other visa categories, such as employment-based or humanitarian visas, can also vary. Employment-based AOS applicants may experience shorter processing times, depending on the availability of visas and USCIS workload. Humanitarian cases, such as asylum seekers or refugees, follow different timelines and eligibility requirements, often depending on country conditions and USCIS priorities.
To track current AOS processing times, the USCIS offers a Processing Time Calculator online, allowing 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 quickly. As of 2024, the fees include:
-
Form I-130 (Petition for Alien Relative): $675
-
Form I-485 (Application to Adjust Status): $1,440
-
For applicants under 14 filing with a parent, the fee is $950.
-
Refugees are exempt from the I-485 filing fee.
-
-
Form I-765 (Employment Authorization Document): No additional fee if filed concurrently with Form I-485.
-
Form I-131 (Advance Parole): No additional fee if filed with Form I-485.
These fees cover the government’s processing of both the petition and the adjustment application. While the costs can be significant, some applicants may qualify for fee waivers, particularly in humanitarian cases.
Adjustment of Status for Marriage-Based Cases
Marriage-based AOS is one of the most common pathways to 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 marriage-based Green Card timeline 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 work legally in the U.S. and advance parole to travel.
Consular Processing vs Adjustment of Status (AOS)
Applicants can choose between Adjustment of Status (AOS) and Consular Processing when applying for a Green Card. The main difference is the applicant’s location during the process.
-
AOS: Allows individuals already in the U.S. to stay while their Green Card application is processed. This avoids the need to travel back to their home country, which is particularly beneficial for those with strong ties to the U.S. or whose circumstances make travel difficult.
-
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 it requires international travel and a consular interview.
Each method has its advantages, and the best option depends on the applicant’s unique circumstances. For instance, consular processing may be faster for applicants who are outside the U.S. or for certain visa categories with shorter processing times. However, AOS provides more flexibility for those already residing in the U.S. and who prefer to avoid international travel.
Steps for Adjustment of Status (AOS)
Successfully navigating these steps can be difficult without expert help. Our experienced immigration attorneys are here to ensure 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
The AOS process involves multiple steps that must be completed in the right order. Here’s an overview of the process:
1. Determine Eligibility
Before you begin the AOS process, make sure you meet the eligibility criteria for your Green Card category. Whether you are applying through family, employment, or humanitarian reasons, each category has its own set of requirements.
2. File the Immigrant Petition (If Required)
Most AOS applicants need a U.S. citizen or permanent resident relative, or an employer, to file an immigrant petition on their behalf. The most common petitions include:
· Form I-130 (Petition for Alien Relative): For family-based Green Cards.
· Form I-140 (Immigrant Petition for Alien Worker): For employment-based Green Cards.
Some categories, such as immediate relatives of U.S. citizens, may allow you to file the immigrant petition concurrently with Form I-485.
3. Check Visa Availability
In most cases, a visa must be available in your category before you can file Form I-485. You can check the availability of visas through the Visa Bulletin published by the Department of State. Immediate relatives of U.S. citizens, such as spouses and unmarried children under 21, generally do not have to wait for a visa number, as visas are always available for them.
4. File Form I-485 (Application for Adjustment of Status)
Once your immigrant petition is approved (if required), 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 ensure that all necessary supporting documents are included. Sending an incomplete application can result in delays or even denial.
5. Attend Biometrics Appointment
After filing Form I-485, USCIS will send you a notice for your biometrics services appointment. You must attend this appointment, where your fingerprints, photo, and signature will be taken for background checks. Ensure that all information provided in your application is accurate and up to date, as discrepancies can lead to complications in your case.
6. Attend the Adjustment of Status Interview (If Required)
In some cases, USCIS may schedule an AOS interview. This typically occurs at your local USCIS office, and you’ll need to appear in person. The interview gives USCIS the opportunity to verify your eligibility for permanent residency and ask any additional questions they may have about your case.
Be prepared to bring all original documents that you submitted with your AOS application, including your passport, Form I-94 (if applicable), and any supporting documentation. If you are applying for a marriage-based Green Card, 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, they 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’s crucial to respond to an RFE promptly and thoroughly, as failure to provide the requested information can result in delays or denial.
8. Check Your AOS Case Status
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’re well-prepared for each stage of the process.
Common AOS Mistakes to Avoid
Mistakes during the AOS process can delay or even derail an application. Common errors include:
· Filing incorrect forms or missing deadlines.
· Inadequate documentation, such as proof of financial support (Form I-864).
· Not responding promptly to Requests for Evidence (RFE) from USCIS.
Consulting with an immigration attorney is advisable for complex cases, especially those involving inadmissibility issues. Filing for Adjustment of Status can be complicated, and making mistakes may delay or derail your application.
Don’t risk your future. Contact our expert team today for professional assistance to ensure your application is mistake-free. Reach out now.
Post-Approval: What to Expect
Once your AOS is approved, you will receive your Permanent Resident Card (Green Card) in the mail. It’s important to be aware of the responsibilities and privileges that come with being a Green Card holder:
-
Green Card Renewal: You’ll need to renew your Green Card every 10 years using Form I-90.
-
Travel: You can travel outside the U.S., but extended stays abroad may affect your permanent residency.
-
Path to U.S. Citizenship: After holding your Green Card for five years (or three years if married to a U.S. citizen), you can apply for citizenship via Form N-400.
Pros and Cons of Adjustment of Status (AOS)
Pros of AOS:
-
Stay in the U.S. During the Process: Applicants don’t need to return to their home country while waiting for a Green Card.
-
Eligibility for EAD and Advance Parole: AOS applicants can apply for an Employment Authorization Document (EAD) and Advance Parole, allowing them to work and travel legally while their case is pending.
-
No Consular Interviews: AOS applicants avoid the consular interview process, which may be more complex and require travel abroad.
Cons of AOS:
-
Longer Processing Times: Depending on the visa category and USCIS backlogs, AOS can take several months to years.
-
Risk of Denial: If your AOS application is denied, your stay in the U.S. could become unauthorized, which may lead to removal proceedings.
-
Inadmissibility Issues: Certain grounds of inadmissibility can make AOS applicants ineligible, though waivers may be available in some cases.
How can we help?
-
We determine if you meet the eligibility requirements to apply for a Green Card/permanent resident status.
-
After thoroughly reviewing your case, we determine which petition fits your specific situation and file the appropriate forms on your behalf.
-
To save you time and money, we check visa availability (if applicable)
-
We file the I-485 on your behalf and other forms as needed.
-
You will receive a notice for your biometric services appointment to provide your fingerprint.
-
We prepare you for your interview (if necessary)
-
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)
-
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.
Navigating 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 confidently face the USCIS interview. With our dedicated support, you can turn your dream of permanent residency into 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 my adjustment of status with the U.S. Citizenship and Immigration Services (USCIS) after arriving in the United States.
Q2. How long does adjustment of status take?
The adjustment of status process can take anywhere from 8 months to over a year, depending on factors such as case complexity, 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) alongside your AOS application, which allows you to work while your case is pending.
Q4. Can I travel outside the U.S. while my AOS application is being processed?
Yes, but you will need to obtain Advance Parole (Form I-131) before leaving. Traveling without this could result in your AOS application being considered abandoned.
Q5. How long does the AOS process take?
The timeline varies depending on the type of visa and USCIS processing times. For example, AOS applications for marriage-based Green Cards may take anywhere from 10 to 24 months, while other categories might take longer.
Q6. What is the 90-day rule, and how does it affect AOS?
The 90-day rule presumes that if you apply for AOS within 90 days of entering the U.S. on a nonimmigrant visa, you may have misrepresented your initial intent, which can complicate your application.
Q7. Can I change jobs while my employment-based AOS is pending?
Yes, if your I-485 has been pending for more than 180 days and the new job is in the same or a similar occupational classification, you can change jobs without affecting your application.
Q8. What documents are required for an AOS application?
Typical documents include Form I-485, Form I-130 (for family-based cases), Form I-864 (Affidavit of Support), medical examination results, and financial documents, among others.
Q9. Can my spouse and children be included in my AOS application?
Yes, your spouse and unmarried children under 21 years old can apply as derivative beneficiaries on your AOS application.
Q10. What happens if my AOS application is denied?
If denied, you will receive a notice explaining the reason. You may be able to appeal or file a motion to reopen or reconsider, depending on the specific circumstances.
Navigating 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 confidently face the USCIS interview. With our dedicated support, you can turn your dream of permanent residency into a reality. Contact us today for a consultation.