Adjustment of Status (AOS) is a process in the United States that allows certain foreign nationals who are already present in the U.S. to change their non-immigrant status to immigrant status (permanent resident status, also known as a green card holder) without having to leave the country. This process is typically used by individuals who are eligible for a green card through family sponsorship, employment, refugee/asylee status, or other qualifying categories.
Here are some key points about Adjustment of Status:
- Eligibility: To be eligible for AOS, you must typically meet specific criteria set forth by U.S. immigration laws. Eligibility requirements vary depending on the category under which you are applying for a green card.
- Family-Based AOS: Many individuals apply for AOS through family members who are U.S. citizens or lawful permanent residents. Immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21, often have a shorter waiting time for a green card.
- Employment-Based AOS: Some individuals can apply for AOS based on employment-sponsored visas, such as the employment-based preference categories (e.g., EB-2, EB-3) or as investors (e.g., EB-5). The eligibility requirements for these categories vary.
- Asylum and Refugee AOS: Refugees and asylees who have been granted asylum or refugee status in the U.S. can apply for AOS after one year of continuous presence in the country.
- Diversity Visa Lottery AOS: Winners of the Diversity Visa (DV) Lottery, also known as the Green Card Lottery, can apply for AOS if they meet the eligibility criteria and are selected.
- Filing Process: The AOS process involves filing specific forms, providing supporting documentation, undergoing a medical examination, and attending a biometrics appointment. In some cases, an in-person interview at a USCIS (U.S. Citizenship and Immigration Services) office is required.
- Timing and Waiting Periods: The time it takes to complete the AOS process can vary significantly based on factors like visa category, country of origin, and the applicant’s specific circumstances. Some categories have waiting periods, while others may not.
- Concurrent Filing: In some cases, you can file for AOS concurrently with the immigrant petition filed on your behalf by a sponsoring family member or employer. This can expedite the process.
- Adjustment of Status vs. Consular Processing: Adjustment of Status is distinct from consular processing, which is the process of applying for an immigrant visa at a U.S. embassy or consulate abroad. The choice between the two methods depends on individual circumstances and visa categories.
- Travel Restrictions: While your AOS application is pending, there may be restrictions on international travel. Leaving the U.S. without proper travel documentation can result in the abandonment of your AOS application.
How to apply for Adjustment of Status?
Applying for Adjustment of Status (AOS) in the United States is a complex process that involves several steps and requires careful attention to detail. Here is a general overview of the steps to apply for AOS:
- Determine Eligibility:
- Determine the basis for your eligibility for AOS. Common categories include family sponsorship, employment-based sponsorship, asylum/refugee status, and the Diversity Visa Lottery.
- File the Immigrant Petition (if applicable):
- Depending on the category, you may need a sponsor (such as a family member or employer) to file an immigrant petition on your behalf. For example, family-based AOS typically requires a U.S. citizen or lawful permanent resident family member to file Form I-130 (Petition for Alien Relative) on your behalf. Employment-based AOS may require Form I-140 (Immigrant Petition for Alien Worker) to be filed by your employer.
- Wait for Visa Bulletin Updates:
- If there is a visa quota or numerical limit for your category, you will need to monitor the Visa Bulletin published by the U.S. Department of State to check if visa numbers are available for your preference category and country of chargeability. Some categories have no numerical limits, while others may have waiting periods.
- Prepare AOS Application:
- Once your priority date becomes current (i.e., visa numbers are available), you can start preparing your AOS application. The main form for AOS is Form I-485 (Application to Register Permanent Residence or Adjust Status).
- Gather supporting documentation, including:
- Birth certificates.
- Marriage certificates (if applicable).
- Divorce or death certificates (if applicable).
- Passport-style photos.
- Medical examination results (Form I-693).
- Proof of financial support (if required).
- Affidavit of Support (Form I-864) from the sponsoring family member or Form I-864EZ or I-864W, if applicable.
- Employment verification letter (if applicable).
- Other documents specific to your category.
- Pay the required fees. USCIS fees may change, so check the USCIS website for the most up-to-date fee information.
- Complete Biometrics Appointment:
- USCIS will schedule a biometrics appointment for you, where they will collect your fingerprints, photograph, and signature.
- Attend Interview (if required):
- USCIS may schedule an in-person interview at a USCIS office. This step is more common for certain family-based AOS applicants and less common for employment-based AOS applicants.
- Wait for Decision:
- USCIS will review your application, conduct background checks, and make a decision on your AOS application.
- Receive Your Green Card:
- If your AOS application is approved, you will receive your green card (Form I-551) in the mail.
Adjustment of Status checklist of required documents
When applying for Adjustment of Status (AOS) in the United States, you’ll need to submit a variety of documents to support your application. The specific documents you need may vary depending on your eligibility category (e.g., family-based, employment-based, asylum-based) and individual circumstances. Here’s a general checklist of commonly required documents for AOS:
- Form I-485: Application to Register Permanent Residence or Adjust Status.
- Proof of Eligibility:
- A copy of the immigrant petition (e.g., Form I-130, Form I-140) filed on your behalf by a sponsoring family member or employer.
- A copy of the approval notice (I-797) for the immigrant petition.
- Birth Certificate:
- Your original birth certificate (with a certified English translation if it’s not in English).
- Passport Photos:
- Passport-style photos that meet USCIS specifications.
- Form I-693: Report of Medical Examination and Vaccination Record:
- A completed and sealed medical examination report, conducted by a USCIS-approved civil surgeon.
- Proof of Entry:
- Copy of your passport page with the nonimmigrant visa stamp (if applicable).
- Form I-94 Arrival/Departure Record.
- Any other entry-related documents.
- Identity and Travel Documents:
- Copies of your passport identity pages (biographic information and visa stamps).
- Copy of your current visa (if applicable).
- Marriage Certificate (if applicable):
- If you are applying as a spouse of a U.S. citizen or permanent resident, provide a copy of your marriage certificate.
- Divorce or Death Certificates (if applicable):
- If you were previously married, provide copies of divorce decrees or death certificates of former spouses.
- Affidavit of Support:
- Form I-864, Affidavit of Support, from the sponsoring family member or Form I-864EZ or I-864W if applicable.
- Proof of the sponsoring family member’s income and financial ability to support you (e.g., tax returns, employment verification).
- Proof of Relationship (for Family-Based AOS):
- Evidence of your relationship with the sponsoring family member, such as photographs, joint bank accounts, lease agreements, or other documents.
- Employment Verification (for Employment-Based AOS):
- Employment verification letter from your employer (if applicable).
- Affidavit of Support (for K-1 Visa Holders):
- If you entered on a K-1 fiancé(e) visa, provide Form I-864, Affidavit of Support, from your U.S. citizen petitioner.
- Form I-765 (Optional):
- If you want to apply for an employment authorization document (EAD) while your AOS application is pending, submit Form I-765 and supporting documents.
- Form I-131 (Optional):
- If you want to apply for advance parole (permission to travel outside the U.S. while your AOS application is pending), submit Form I-131 and supporting documents.
- Fee Payment:
- Payment of the required filing fees. Check the USCIS website for the latest fee information.
