Understanding The Adjustment Of Status Process What You Need To Know

What is Adjustment of Status?

Adjustment of Status (AOS) is a process that allows certain eligible foreign nationals who are physically present in the United States to apply for lawful permanent resident status (a green card) without having to leave the U.S. and go through consular processing abroad. In other words, it’s the process through which someone can transition from a temporary non-immigrant status (such as an H-1B visa holder, F-1 student, etc.) to a permanent immigrant status.

Here’s an overview of how the Adjustment of Status process works:

• Eligibility: To be eligible for Adjustment of Status, you generally need to meet certain criteria, such as having an approved immigrant petition (such as Form I-140 or I-130) and a visa number available in your category (if applicable).
• Form I-485 Application: The main form used to apply for Adjustment of Status is Form I-485, Application to Register Permanent Residence or Adjust Status. This form collects information about your background, family, and immigration history.
• Supporting Documents: You’ll need to provide various supporting documents along with your Form I-485 application, such as copies of your passport, birth certificate, marriage certificate (if applicable), medical examination results, police clearance certificates, and other required evidence.
• Biometrics Appointment: After you file Form I-485, you’ll receive a notice to attend a biometrics appointment. During this appointment, your fingerprints, photograph, and signature will be taken.
• Interview (If Required): In some cases, USCIS may schedule an interview as part of the Adjustment of Status process. The interview is typically conducted to verify the accuracy of the information provided in your application and to ensure you’re eligible for permanent residency.
• Work Authorization and Travel Document: While your Adjustment of Status application is pending, you may be eligible to apply for a work permit (Employment Authorization Document, or EAD) and a travel document (Advance Parole). These allow you to work legally in the U.S. and travel outside the U.S. while your application is being processed.
• Green Card Approval: Once USCIS approves your Adjustment of Status application, you’ll receive your green card, which grants you lawful permanent resident status in the U.S.

It’s important to note that the Adjustment of Status process can be complex, and eligibility criteria, required documents, and procedures may vary depending on the specific immigration category you’re applying under. It’s recommended to consult the official U.S. Citizenship and Immigration Services (USCIS) website or seek advice from an experienced immigration attorney to ensure you have accurate and up-to-date information based on your individual situation.

What immigration forms must be submitted with the Adjustment of Status application?

When applying for Adjustment of Status (AOS) in the United States, several immigration forms and supporting documents are typically submitted as part of the application package. The specific forms you need to submit can vary based on your individual circumstances, such as the immigration category you’re adjusting from and your family situation. Here are some of the key forms that may be required, along with their purposes:

• Form I-485, Application to Register Permanent Residence or Adjust Status:

• This is the main form for the Adjustment of Status process. It collects information about your background, immigration history, and eligibility for permanent residency.

• Form I-864, Affidavit of Support (For Family-Based AOS):

• If you’re applying based on a family relationship, the petitioner (sponsor) may need to submit Form I-864 to demonstrate their financial ability to support you.

• Form I-765, Application for Employment Authorization (Optional):

• If you want to work in the U.S. while your AOS application is pending, you can submit Form I-765 to apply for an Employment Authorization Document (EAD).

• Form I-131, Application for Travel Document (Optional):

• If you need to travel outside the U.S. while your AOS application is pending, you can submit Form I-131 to apply for Advance Parole, which allows you to re-enter the U.S. without abandoning your AOS application.

• Form I-693, Report of Medical Examination and Vaccination Record (Medical Examination):

• You may need to submit Form I-693, completed by an approved civil surgeon, to demonstrate that you don’t pose a health risk to the U.S. population.

• Form I-130/I-140 Approval Notice (If Applicable):

• If your Adjustment of Status is based on a family-sponsored or employment-based immigrant petition, include a copy of the I-130 or I-140 approval notice.

• Supporting Documents:

• Copies of required supporting documents, such as passport, birth certificate, marriage certificate (if applicable), police clearance certificates, and other evidence to demonstrate your eligibility.

It’s important to note that the requirements and forms can change, and you should always refer to the official U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date information. Additionally, consider consulting with an experienced immigration attorney to ensure that you have the correct forms and supporting documents for your specific AOS application.

Adjustment of Status filing fees

The filing fees associated with the Adjustment of Status (AOS) application can vary depending on factors such as the specific forms you’re submitting, your age, and whether you’re applying for certain optional benefits like employment authorization and travel documents. It’s important to note that fees can change over time, so it’s highly recommended to check the official U.S. Citizenship and Immigration Services (USCIS) website or consult with an experienced immigration attorney for the most up-to-date fee information.

Here are some of the key filing fees that may be associated with the Adjustment of Status application:

• Form I-485 Filing Fee:

• The primary fee for filing Form I-485, Application to Register Permanent Residence or Adjust Status.
• This fee can vary based on factors such as your age (children under a certain age might have lower fees), and whether you’re filing as the principal applicant or as a dependent family member.

• Biometrics Fee:

• The fee for biometric services, which includes fingerprinting and photographing, as part of the background check process.
• Biometrics fees are generally required for applicants aged 14 to 78.

• Form I-765 Filing Fee (Optional):

• If you wish to apply for an Employment Authorization Document (EAD) to work in the U.S. while your AOS application is pending, you’ll need to pay the filing fee associated with Form I-765.

• Form I-131 Filing Fee (Optional):

• If you need to apply for Advance Parole to travel outside the U.S. and return without abandoning your AOS application, you’ll need to pay the filing fee associated with Form I-131.

• Form I-693 (Medical Examination Report):

• The cost of the medical examination report, Form I-693, will vary based on the fees charged by the civil surgeon who conducts the examination.

It’s important to carefully review the fee instructions provided by USCIS on their official website and in the specific form instructions. Keep in mind that USCIS fees can change, and it’s always recommended to confirm the current fees before submitting your application. Additionally, consider seeking assistance from a reputable immigration attorney to ensure that you have accurate and current fee information and to guide you through the application process.

Adjustment of Status checklist of required documents

The required documents for an Adjustment of Status (AOS) application can vary based on your individual circumstances, such as your immigration category, family situation, and specific eligibility criteria. Here’s a general checklist of documents that you might need for the AOS process. Keep in mind that this list is not exhaustive and that you should consult the official U.S. government sources or an immigration attorney for the most accurate and up-to-date information.

General AOS Checklist:

• Form I-485, Application to Register Permanent Residence or Adjust Status:

• The main form for AOS that collects information about your background, immigration history, and eligibility for permanent residency.

• Supporting Documents:

• Copies of required supporting documents, such as passport, birth certificate, marriage certificate (if applicable), and divorce decrees (if applicable).

• Passport Photos:

• Passport-sized photos that meet the U.S. visa photo requirements.

• Form I-864, Affidavit of Support (If Applicable):

• If applying based on a family relationship, the petitioner (sponsor) may need to submit Form I-864 to demonstrate financial support.

• Form I-693, Report of Medical Examination and Vaccination Record (If Applicable):

• Completed by an approved civil surgeon to demonstrate that you don’t pose a health risk to the U.S. population.

• Form I-765, Application for Employment Authorization (Optional):

• If you want to work in the U.S. while your AOS application is pending, you can submit Form I-765 to apply for an Employment Authorization Document (EAD).

• Form I-131, Application for Travel Document (Optional):

• If you need to travel outside the U.S. while your AOS application is pending, you can submit Form I-131 to apply for Advance Parole.

• Police Clearance Certificates:

• Police clearance certificates from all countries where you’ve lived for a certain period, demonstrating good moral character.

• Proof of Immigration Status:

• Copies of current and previous U.S. visas, Form I-94 (Arrival/Departure Record), and any other relevant immigration documents.

• Form I-130/I-140 Approval Notice (If Applicable):

• If your AOS is based on a family-sponsored or employment-based immigrant petition, include a copy of the I-130 or I-140 approval notice.

• Marriage Certificate, Divorce Decrees, and Custody Documents (If Applicable):

• Documents proving your marital status, divorce, and custody arrangements if relevant.

• Fees:

• Payment for required filing fees, including the Form I-485 filing fee and any optional form fees (Form I-765 and/or Form I-131).

It’s important to note that the requirements and documents can vary based on your individual situation and the specific AOS category you’re applying under. Always refer to the official U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date information, and consider consulting with an experienced immigration attorney to ensure that you have all the required documents and that your application is prepared accurately.