Adjustment of Status, or AOS, is the process by which an individual who is currently in the United States in a non-immigrant status, such as a student or temporary worker, can apply to change their status to that of a legal permanent resident, also known as a green card holder. This process can be a long and difficult one, and it is important to understand the requirements and steps involved in order to increase the chances of success.
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Determine if an individual is eligible to apply
The first step in the Adjustment of Status process is to determine if an individual is eligible to apply. In order to be eligible, an individual must be in the United States in a valid non-immigrant status, must not have committed any crimes or violated the terms of their current status, and must have an immigrant petition or labor certification that has been approved by the United States Citizenship and Immigration Services (USCIS). Additionally, the individual must not be barred from adjusting their status due to other factors, such as prior deportations or overstaying their visa.
Gather all of the necessary documents
Once it has been determined that an individual is eligible to apply for AOS, the next step is to gather all of the necessary documents and forms. These include the Application to Register Permanent Residence or Adjust Status (Form I-485), the Application for Employment Authorization (Form I-765), and the Application for Advance Parole (Form I-131). Additionally, the individual will need to provide proof of their current non-immigrant status, such as a valid visa or I-94, as well as evidence of their qualifications for the immigrant petition or labor certification. This may include proof of education, work experience, or other qualifications.
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Submit the application package to the USCIS
After the forms and documents have been gathered, the next step is to submit the application package to the USCIS. It is important to note that the USCIS processing times can vary greatly depending on the individual case and the workload of the USCIS office. Therefore, it is important to be patient and to keep track of the status of the application.
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Attend to your interview
Once the application has been received and reviewed by the USCIS, the individual may be required to attend an interview. This interview is an opportunity for the USCIS to verify the information provided in the application and to ask additional questions to ensure that the individual is eligible for AOS. It is important to arrive at the interview on time and to be prepared to answer questions about the individual’s qualifications and background.
If the application is approved, the individual will be granted a conditional green card, which is valid for two years. After two years, the individual must apply to remove the conditions on the green card by filing Form I-751, in order to obtain a permanent green card.
The Adjustment of Status process can be a long and confusing process, but by understanding the requirements and steps involved, an individual can increase their chances of success. With the right preparation and attention, an individual can successfully navigate the AOS process and achieve their goal of becoming a legal permanent resident of the United States. Here we bring you the best information to keep you up to date with important issues such as immigration to the United States.
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