The Adjustment of Status (AOS) process is a way for non-U.S. citizens to apply for a green card without leaving the United States. This guide will help you understand the fees, forms, and timelines involved in the AOS process. It is important to know these details to ensure a smooth and successful application.
The Adjustment of Status (AOS) process is a critical pathway for many immigrants seeking to become lawful permanent residents of the United States. This section will provide an overview of what the process entails, who is eligible, and the key benefits of pursuing this route.
Adjustment of Status is the procedure that allows an individual to apply for lawful permanent resident status (a Green Card) while being present in the United States. This process is crucial because it enables applicants to stay in the country legally while their application is being processed. Unlike consular processing, which requires applicants to apply for a visa outside the U.S., AOS offers the convenience of remaining in the country.
To be eligible for Adjustment of Status, applicants must meet specific criteria:
Additional eligibility requirements may apply depending on the specific visa category under which the applicant is applying.
The Adjustment of Status process offers several significant benefits:
The Adjustment of Status process is a valuable option for those who meet the eligibility criteria, offering the convenience of staying in the U.S. while pursuing permanent residency.
Form I-485, also known as the Application to Register Permanent Residence or Adjust Status, is the primary form used in the adjustment of status process. This form allows individuals already in the U.S. on a different visa to apply for permanent residency without leaving the country. It requires detailed information about your personal background, current status, and eligibility.
When filing Form I-485, you must include several supporting documents to prove your eligibility. These documents typically include:
To ensure a smooth filing process, follow these tips:
Ensuring your response to a USCIS RFE is complete and accurate can help avoid delays or denials. Address all points raised and follow up if no update is received within 94 days.
Navigating the costs associated with the Adjustment of Status (AOS) process is crucial for applicants. Understanding these expenses can help you plan better and avoid unexpected financial burdens. Below, we break down the primary costs involved in the AOS process.
The primary cost for adjusting your status is the filing fee for Form I-485. As of now, the fee is $1,140 for most applicants. However, this fee can vary based on age and other factors. It’s important to check the latest fee schedule on the USCIS website.
In addition to the filing fee, applicants are required to pay a biometrics fee of $85. This fee covers the cost of fingerprinting, photographing, and background checks. Biometrics appointments are a mandatory part of the AOS process.
There are other costs to consider, such as:
It’s essential to budget for these additional costs to avoid any delays in your application process.
By understanding and preparing for these costs, you can better manage the financial aspects of your Adjustment of Status application.
The journey to adjust your status and obtain a green card can vary greatly in duration. Processing times depend on several factors, including the type of green card you are applying for and your location. Below, we break down the key stages and their typical timelines.
Once you submit your application, you will receive a receipt notice from USCIS. This usually takes about 2 to 3 weeks. This notice confirms that your application has been received and is being processed.
After receiving your receipt notice, the next step is the biometrics appointment. This is typically scheduled within 5 to 8 weeks of your initial filing. During this appointment, your fingerprints, photograph, and signature will be collected.
The final stage involves an interview at a USCIS office. The timing for this can vary widely. For family-based applications, the interview is usually scheduled within 6 to 12 months after filing. Employment-based applications might take longer, often 12 to 24 months. After the interview, you will receive a decision on your application.
The entire process, from initial filing to final decision, can take anywhere from several months to multiple years, depending on your specific circumstances and the type of green card you are applying for.
To qualify for an employment-based green card, you must have an EB-1, EB-2, or EB-3 visa. Each category has specific requirements:
Concurrent filing allows you to submit your Form I-485 (Adjustment of Status) and Form I-140 (Immigrant Petition) at the same time. This can save a considerable amount of processing time. However, this option is only available if a visa number is immediately available for your category.
While your adjustment of status application is pending, it’s crucial to maintain your nonimmigrant status. If you fail to do so, you may be subject to removal from the U.S. Maintaining your legal status ensures that you remain eligible for the adjustment of status process.
Remember, the longer it takes to process your application, the higher the chances it will be denied. Meeting all requirements increases your chances of being granted permanent residence within a year.
Once your I-485 is approved, you will receive your green card in the mail, usually within a few weeks. This card allows you to live and work in the U.S. indefinitely. Make sure to keep it in a safe place and carry it with you when traveling.
If you applied for an Employment Authorization Document (EAD) along with your I-485, you should receive it shortly after your green card. The EAD allows you to work legally in the U.S. while your green card is being processed. Keep in mind that your green card will replace the EAD once it arrives.
If you plan to travel outside the U.S. before receiving your green card, you will need an Advance Parole document. This document allows you to re-enter the U.S. without jeopardizing your adjustment of status application. Always carry your Advance Parole document and other identification when traveling internationally.
It’s crucial to stay informed about the latest immigration policies and procedures to ensure a smooth transition to permanent residency.
To keep track of your application, use the USCIS online case status portal. Enter your receipt number to get real-time updates. This tool is especially useful for staying informed about any changes or requests for additional information.
USCIS will send you updates about your application. These updates can include receipt notices, biometrics appointments, and interview schedules. Staying informed can make your path smoother and help you avoid unnecessary delays.
If USCIS needs more information, they will send you a Request for Evidence (RFE). An RFE is not a denial but a request for more details. Respond promptly and thoroughly to avoid delays. Effective communication and organization are crucial throughout the process.
Navigating the Adjustment of Status process can be complex and fraught with challenges. Here, we discuss some common issues applicants face and provide strategies to overcome them.
One of the most frustrating aspects of the Adjustment of Status process is dealing with delays and denials. Delays can occur at various stages, from initial filing to final decision. Denials can be due to incomplete forms, missing documentation, or ineligibility.
To mitigate these issues:
Seeking legal assistance can be invaluable in navigating the Adjustment of Status process. Immigration attorneys can provide expert advice, help prepare your application, and represent you in case of issues.
Consider the following resources:
Immigration policies and procedures can change frequently. Staying informed is crucial to ensure your application complies with the latest requirements.
To stay updated:
Staying proactive and informed can significantly reduce the risk of delays and denials in your Adjustment of Status application.
Facing challenges in immigration can be tough, but you don’t have to go through it alone. Whether it’s a denied application or a long delay, our team is here to help. Visit our website to learn more about how we can assist you in overcoming these hurdles. Don’t wait, take action now!
Navigating the Adjustment of Status process can seem overwhelming, but understanding the steps, fees, and timelines can make it more manageable. By staying organized and informed, you can increase your chances of a successful application. Remember to keep track of your documents, follow the guidelines, and seek professional help if needed. With patience and careful preparation, you can achieve your goal of obtaining a green card and starting a new chapter in the United States.
Adjustment of Status (AOS) is a process that allows you to apply for a green card while staying in the United States. It means changing your status from a temporary visa holder to a permanent resident without having to return to your home country.
To be eligible for AOS, you must be physically present in the United States and have a valid visa. You also need to meet certain criteria based on family, employment, or other special categories.
The main form you need to file is Form I-485. You will also need to submit supporting documents like your birth certificate, passport, and proof of your current visa status.
The filing fee for Form I-485 is $1,140. Additionally, there is an $85 biometrics fee for fingerprinting and background checks. Other costs may include medical exams and legal fees.
The AOS process can take anywhere from 8 to 14 months. This includes time for receiving your receipt notice, attending your biometrics appointment, and going to your final interview.
Once your AOS is approved, you will receive your green card in the mail. You can then live and work permanently in the United States. You may also apply for an Employment Authorization Document (EAD) and travel documents like Advance Parole.
For more information or to schedule a consultation, visit our website at Wasden Law, Our experienced litigation attorneys are ready to fight for your rights and ensure your immigration journey is as smooth as possible.
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The information provided in this article is for general informational purposes only and does not constitute legal advice. While we strive to ensure the content is accurate and up-to-date, it is not a substitute for professional legal consultation. Immigration laws and regulations are subject to change, and their application can vary based on specific circumstances. We recommend scheduling a consultation with us to obtain advice tailored to your individual situation. The authors and publishers of this article are not responsible for any actions taken based on the information provided herein.
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