What You Need To Know About The Adjustment Of Status Process

By Atif On Jul 13, 2023

Adjustment of Status is a process that allows certain non-citizens to become a permanent resident of the United States without having to leave the country. Adjustment of Status is an important step for many foreign nationals who want to become permanent residents without returning to their home countries, and it can be a complicated process to understand. In this blog post, we will take a closer look at what is AOS (Adjustment of Status) and what is needed to successfully apply for it. We will also discuss the benefits of becoming a permanent resident through Adjustment of Status and the potential risks associated with the application process.

In order to adjust status, applicants must meet a number of requirements, including being in the US on a nonimmigrant visa or being the beneficiary of an approved immigrant petition. To begin the process, applicants must complete Form I-485, Application to Register Permanent Residence or Adjust Status. This application requires a large number of documentation, such as proof of identity, financial support, and evidence of an approved petition or for some applicants – a concurrently filed Form I-130.

Once the application has been filed, applicants will be required to attend an interview with an immigration officer at a USCIS office. During this interview, the applicant’s eligibility for Adjustment of Status will be discussed and any other evidence required will be provided. Upon successful completion of the interview, the applicant will be notified of the decision in writing. If approved, the applicant will receive a Permanent Resident Card.

Adjustment of Status is a complex process, and it is important that applicants understand all of the requirements and regulations before filing their application. Those who are unsure of the process should seek advice from an immigration lawyer. With the help of a qualified professional, applicants can ensure a smooth and successful Adjustment of Status process.

Table of Contents

What is Adjustment of Status?

Adjustment of Status is an important process for foreign nationals who wish to become permanent residents of the United States. This process is done by filing Form I-485 with the United States Citizenship and Immigration Services (USCIS). Generally, applicants must have entered the U.S. on a valid visa before they can apply for Adjustment of Status, and they must meet certain eligibility requirements such as having a qualifying family relationship or a valid job offer.

The application process for Adjustment of Status can be long and complex, requiring the applicant to submit various documents and forms. The application can also be expensive, as there are fees associated with filing the Form I-485 and related forms. If all the requirements are met and the application is approved, the foreign national will be granted a green card and can live and work in the United States permanently.

How to Get a Green Card Through Adjustment of Status (AOS)

Adjustment of Status is the process of obtaining permanent residence in the United States without the need to leave the country. The process begins with filing Form I-485, Application to Register Permanent Residence or Adjust Status. In order to qualify for an Adjustment of Status, applicants must submit evidence that they meet the qualifications for a green card—this include a copy of the applicant’s birth certificate, marriage certificate, or other evidence that supports the qualifying relationship. Additionally, applicants must submit a copy of their passport and any other necessary travel documents, as well as six passport-style photos and an application fee.

Once the application is submitted, applicants must attend a biometrics appointment and then an Adjustment of Status interview. After the interview, the U.S. Citizenship and Immigration Services (USCIS) will make a decision. If approved, applicants will receive their Green Card in the mail.

How Much Does Adjustment of Status Cost?

Adjustment of Status (AOS) is a process by which an individual who is already in the United States can become a permanent resident. The cost of filing an AOS application can vary widely, ranging from $1,225 to $3,675 in filing fees. This cost does not include additional expenses for medical exams, photos, and other documents that may be required.

The cost of the AOS process can vary depending on the applicant’s age, immigration status, and other criteria. Applicants must also pay a fee for the biometrics appointment, which is required for all applicants. Additionally, attorney’s fees can vary significantly depending on the complexity of the case. Some applicants may qualify for a fee waiver, which can reduce the cost of the AOS process.

It is important to check with the United States Citizenship and Immigration Services (USCIS) for the current filing fees information.

Adjustment of Status Timeline

Adjustment of Status is the process of changing from a nonimmigrant status to that of a permanent resident of the United States. The timeline for Adjustment of Status can vary significantly depending on the individual’s case; however, it generally takes between 6-36 months to receive a green card through Adjustment of Status.

The first step in the Adjustment of Status process is filing Form I-485, Application to Register Permanent Residence or Adjust Status. After the filing of Form I-485, the applicant will be scheduled for a biometrics appointment. During this appointment, the applicant will be asked to provide fingerprints, photos, and signature to verify their identity.

After the biometrics appointment, the applicant may also be asked to attend an interview. During the interview, the immigration officer will review the application and ask questions to determine whether the applicant is eligible for Adjustment of Status. After the interview, the immigration officer will either approve or deny the application.

If the application is approved, the applicant will receive their green card in the mail within a few weeks. Once the applicant has their green card, they will be able to work and live in the United States as a permanent resident.

What are the Requirements for Adjustment of Status?

In order to adjust your status and become a permanent resident, you must meet the following requirements:

Must be physically present in the US
Must be admissible to the US
Must not have violated the terms of their visa
Must not have committed certain crimes, such as drug offenses
Must have entered the US with valid entry documents
Must have maintained lawful status since entering the US
Must have an immigrant petition approved by USCIS
Must be able to show that they will not become a “public charge”
Must show that they are not inadmissible on any of the grounds listed in the Immigration and Nationality Act
Must have a valid passport and other relevant travel documents
Must have paid all applicable fees in English (US) language.
It is important to note that each individual’s situation is unique and will be assessed on a case by case basis.

Understanding the 90-Day Rule

Adjustment of status is a process by which a foreign national can apply for permanent residence in the United States. However, individuals who have committed fraud or made misrepresentations when entering the US are subject to the 90-day Rule, which states that they will be barred from obtaining the immigration benefit they seek. This applies to all types of immigration, including adjustment of status.

In order to be eligible for adjustment of status, an individual must demonstrate that they did not commit fraud or misrepresentation when entering the US. If fraud or misrepresentation is found, the individual’s application for adjustment of status will be denied and they will be subject to removal from the US.

The 90-day Rule is an important part of maintaining the integrity of the US immigration system and ensuring that those who enter the US do so with legitimate intentions. It also serves as a deterrent to those who may be considering making fraudulent claims or misrepresentations in order to gain entry into the US. Individuals should take caution when entering the US and ensure that all information provided is accurate and truthful in order to avoid any issues with the 90-day Rule.

Step 1: Determine Your Eligibility

Before you apply for AOS, you must check if you are eligible to apply. It is important to ensure that you are not inadmissible to the United States. You should know the difference between the immigrant visa categories and make sure that you have a Form I-130 or I-140 approved. Furthermore, it is important to make sure that an immigrant visa is immediately available.

If you are applying for a family-based visa, the applicant must have a qualifying family relationship with the petitioner. In addition, if you are applying for an employment-based visa, you must have an approved Form I-140. You should also have a valid passport and must have entered the United States legally.

When applying for Adjustment of Status, you must submit the Form I-485, which is the Application to Register Permanent Residence or Adjust Status. You must also submit the application fee, Form I-765, Form I-131, Form I-864, and other supporting documents. You must also provide evidence that you are eligible for AOS, such as proof of your relationship to the petitioner, proof of your legal entry to the United States, and other evidence. You must also provide evidence of any other information that is relevant to your application. After you have submitted all the required documents, you must wait for the United States Citizenship and Immigration Services (USCIS) to process your application.

Step 2: File an Immigrant Petition

In order to adjust their status, an individual must first have an immigrant petition filed on their behalf with the US Citizenship and Immigration Service (USCIS). This petition should be filed by a qualifying relative or employer, and must include all necessary documentation such as birth certificates, marriage certificates, and financial documents.

Once the petition is approved, it will be sent to the National Visa Center for processing.

Once the application is approved, the foreign national will be granted permanent residence in the United States. This is a significant step in the process of obtaining permanent residence in the United States, and can be a long and complicated process. It is important to make sure that all necessary documents and information are included in the application in order to ensure a successful outcome.

Step 3: Check Visa Availability

When filing for Adjustment of Status, it is important to make sure to check visa availability first. The Visa Bulletin, issued by the U.S. Department of State, is the best place to find this information. The Visa Bulletin provides detailed information about family-sponsored and employment-based preferences, as well as other visa categories. It is also home to the “final action dates”, which is the most important factor in determining if an immigrant has a valid visa number to use for their Adjustment of Status application. If the “final action date” on the Visa Bulletin is current (or earlier than the date you file your application), then a visa number is available and you can proceed with filing the Adjustment of Status application.

It is important to keep in mind that the Visa Bulletin is updated on a monthly basis and the “final action dates” can change at any time. Therefore, it is important to stay up to date with the Visa Bulletin and make sure the “final action date” for your Adjustment of Status application is still current before filing.

By following these steps and checking the Visa Bulletin first, you can ensure that you have a valid visa number for your Adjustment of Status application. This will make the process of filing and receiving approval for your application much easier.

Last Step: Interview (if Applicable)

As part of the application process, applicants may need to attend an interview with an officer at the local USCIS office. After receiving a notice in the mail with the date, time, and location of the interview, applicants should be prepared to answer questions truthfully and clearly to the best of their ability.

Applicants should bring all required documents to the interview such as identification, passport, birth certificates, and financial documents. The USCIS officer may ask questions to verify the information provided by the applicant and their sponsor. They may also ask additional questions to determine the applicant’s eligibility for Adjustment of Status. After the interview, the USCIS officer will either approve or deny the application.

It is important for applicants to be prepared for the interview and to answer all questions truthfully and clearly. The Adjustment of Status process can be complicated and lengthy, so it is important to be patient and follow all instructions provided. If the applicant is approved, they will receive their green card in the mail and can begin their new life in the United States.