If you’re thinking about applying for a permanent residency (green card), a very common route is through adjustment of status. This process allows foreign nationals already in the country to apply for lawful permanent residency without having to leave the country. Whether you’re married to a U.S. citizen or have another qualifying status, understanding the eligibility criteria and filing requirements for an adjustment of status is important to ensure for a successful application. You may also want to consider using adjustment of status services from MyImmigration for expert guidance throughout the process.
What is Adjustment of Status?
Adjustment of status (AOS) refers to the process by which a foreign national already in the U.S. can apply to change their status from temporary to permanent resident, typically by obtaining a green card. This process is available to individuals eligible for permanent residency through family relationships, employment, or asylum status. Individuals in the U.S. most commonly use AOS on a visa, such as tourist, student, or work visas.
The major benefit of an adjustment of status is that it lets applicants remain in the U.S. while their application is processed. Unlike consular processing, which requires the applicant to leave the country to apply for a green card, AOS allows for a smoother transition to permanent residency without requiring travel abroad.
Who is Eligible for Adjustment of Status?
To qualify for adjustment of status, an individual must meet specific eligibility criteria. While eligibility depends on the applicant’s specific situation, several general conditions must be met.
Key Eligibility Requirements for Adjustment of Status:
- Immigration Status: The applicant must be legally present in the U.S. when applying. Individuals who have overstayed their visa may face additional hurdles, such as needing to apply for a waiver.
- Eligibility Category: You must belong to a category that qualifies for a green card. Common categories include family-based immigration (e.g., marriage to a U.S. citizen), employment-based petitions, or refugee and asylum status.
- Legal Entry: Generally, you must have entered the U.S. legally. This means you entered on a visa or under a status that allowed you to stay.
- No Immigration Violations: Applicants who have committed certain immigration violations, such as unauthorized work or overstaying their visa for too long, may not be eligible for adjustment of status without a waiver.
- Visa Availability: In some cases, a visa number must be available. This depends on the applicant’s immigration category and country of origin. Visa caps exist for certain categories, which can delay the process.
Steps to File for Adjustment of Status
Filing for adjustment of status involves several steps. Applicants must submit various forms and documents, and some may require an interview. Below is an overview of the general process:
- Form I-485, Application to Register Permanent Residence or Adjust Status: This is the primary document for applying for adjustment of status. It includes personal information, immigration history, and eligibility details.
- Supporting Documentation: You must submit supporting documents along with the I-485 form, such as proof of identity, proof of lawful entry, financial documents, and other relevant evidence. These could include things like your birth certificate, passport, or marriage certificate.
- Medical Examination: Applicants will need to undergo a medical examination by an approved physician. This ensures that you meet health requirements for U.S. residency.
- Biometrics Appointment: USCIS may request that you attend a biometrics appointment to be fingerprinted for background checks. This step is necessary for security reasons.
- Adjustment of Status Interview: In most cases, USCIS will require a face-to-face interview to determine if you are eligible. You will be asked questions about your background, the application, and intentions.
Common Pitfalls to Avoid During the Process
The adjustment of status process can feel complicated, and there are several common mistakes that applicants should be mindful of:
- Incomplete or Incorrect Forms: Make sure all forms are correctly completed. A small mistake can delay the process or even result in a denial.
- Failure to Provide Supporting Documents: Applicants must provide sufficient evidence to prove their eligibility. Missing documents will lead to delays in processing and a request for additional information.
- Not Following Instructions: It is crucial to follow USCIS instructions carefully, including those related to filing fees, the medical exam, and the biometrics appointment.
- Not Disclosing All Information: Applicants must be transparent about their immigration history. Failure to disclose previous visas, overstays, or criminal history can result in serious consequences.
Get Help With Your Adjustment of Status Process
The adjustment of status process can feel complex, but with proactive planning and the right immigration team, you can significantly increase your chances of being successful. If you’re uncertain about your eligibility or need help navigating the process, working with an experienced immigration lawyer can provide peace of mind and boost your chances of getting a green card.
