Is Adjustment of Status Right for You?

Adjustment of Status is a procedure that permits certain aliens, who are physically present in the United States, to change their status to that of a lawful permanent resident (LPR) without the need to return to their home country for visa processing. Several factors go into determining your eligibility for AOS. Here are the essentials:

• Admissible to the U.S.: Having entered the country legally and not possessing any grounds of inadmissibility (such as criminal history or health risks) is vital.

• Immediate Visa Availability: An immigrant visa must be immediately available for your preference category (e.g., being sponsored by a family member or an employer).

• Eligibility to File: Generally, you must have been inspected and admitted into the U.S., though some special situations may be exempt.

How Does Adjustment of Status Work?

The process can be complex, but here’s a general breakdown:

Step 1: Establish Eligibility

Understanding the pathway to a Green Card for your circumstances is crucial. Categories can include family-based, employment-based, asylum seekers/refugees, or special programs.

Step 2: File an Immigrant Petition

Generally, a U.S. citizen relative or a potential employer must file an immigrant petition for you.

Step 3: File Form I-485

After your visa becomes available, the cornerstone form of the AOS process, Form I-485, Application to Register Permanent Residence or Adjust Status, gets submitted.

Step 4: Supporting Documentation

Accompanying your application, you must provide evidence supporting your eligibility. This documentation can include birth certificates, marriage records, results from medical examinations, or job offer letters, depending on your specific pathway to residency.

Step 5: Biometrics and Interview

Following your application, the United States Citizenship and Immigration Services (USCIS) will schedule a biometrics appointment for fingerprinting. Additionally, you may be required to attend an interview with a USCIS officer to verify the information in your application and discuss your eligibility for a Green Card.

Step 6: Decision

Upon reviewing your application, supporting documents, and the results of your interview, USCIS will make a decision on your case. If approved, you will receive your Green Card, officially granting you lawful permanent residency in the United States.

Avoid Immigration Mistakes: Get Help From IBP Immigration Law

Adjustment of Status offers a potentially streamlined path to permanent residency for those already living in the U.S. However, the legal complexities make it essential to be meticulous about the process and avoid mistakes. Don’t risk navigating the immigration pathway alone.

If you’re considering the AOS path, the qualified immigration attorneys at IBP Immigration Law can help. Our team has extensive experience in guiding clients through this intricate process. Contact us today for a consultation to explore your options and gain the support you need for a successful outcome.