US Immigration Consultation: Adjusting Your Status in the U.S

Adjustment of Status (AOS) is the process that allows certain non-citizens already in the United States to apply for lawful permanent residency (a green card) without having to return to their home country. This pathway is often more convenient and less disruptive than consular processing abroad. Below, I explain the process in simple terms and outline the circumstances under which a person may qualify for Adjustment of Status.

Who Can Apply for Adjustment of Status?

You may qualify for AOS if you meet the following criteria:

  1. Eligibility for a Green Card: You must be eligible to apply for permanent residence under a specific category, such as family-based, employment-based, asylum, or a diversity visa.
  2. Lawful Entry: Most applicants must have been lawfully admitted or paroled into the U.S. (Exceptions apply for certain categories, such as those applying under Section 245(i).)
  3. Current Status: Your immigration status must not disqualify you, though certain waivers or exceptions are available in specific cases.
  4. No Bars to Adjustment: You must not be barred by inadmissibility factors, such as criminal convictions, immigration violations, or public health concerns. (Waivers may be available for some bars.)

Step-by-Step Process for Adjustment of Status

  1. Determine Your Eligibility

    • Review your immigration history and current status to confirm eligibility for AOS under a specific green card category. Consult with an immigration attorney if there are complexities in your case.

  2. File the Appropriate Petition

    • If you are applying through a family member or employer, the relevant petition (e.g., Form I-130 for family-based or Form I-140 for employment-based) must be approved before filing the AOS application. Certain categories, like immediate relatives of U.S. citizens, can file both forms concurrently.

  3. Submit Form I-485

    • File Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS). Include required evidence such as:
      • Proof of lawful entry (e.g., I-94 record).
      • Evidence of eligibility (e.g., approved petition or qualifying relationship).
      • Affidavit of support, if required.
      • Proof of financial support (if applicable).

  4. Complete Biometrics Appointment

    • Attend a biometrics appointment at a USCIS Application Support Center. Your fingerprints, photo, and signature will be collected for background checks.

  5. Respond to Requests for Evidence (RFE)

    • USCIS may issue an RFE requesting additional documentation to address gaps or inconsistencies in your application. Timely and thorough responses are critical.

  6. Attend the Adjustment of Status Interview

    • USCIS will schedule an interview to review your application. An officer will ask questions about your eligibility, your immigration history, and any evidence submitted. Be prepared to explain and verify your answers.

  7. Receive Decision

    • If your application is approved, you will receive your green card in the mail. If denied, USCIS will explain the reasons and provide instructions for appeal or other remedies.

Special Considerations

  • Section 245(i): If you entered the U.S. unlawfully but have a qualifying petition filed before April 30, 2001, you may be eligible to adjust under Section 245(i) after paying a penalty fee.
  • Waivers of Inadmissibility: If you face inadmissibility issues, such as a prior removal order or unlawful presence, you may be able to apply for a waiver to proceed with AOS.
  • Immediate Relatives: Spouses, children, and parents of U.S. citizens benefit from certain advantages, such as concurrent filing and no waiting period for visa availability.

Why You Need an Experienced Immigration Attorney

The AOS process is complex and requires careful attention to legal and procedural details. An immigration attorney can:

  • Analyze your case for eligibility and identify any barriers.
  • Help you prepare a complete and compelling application.
  • Represent you during interviews or if complications arise.
  • Provide solutions if your case faces challenges, such as inadmissibility issues or denial.