Adjustment of Status (AOS) is the procedure that permits foreign nationals currently in the United States who are qualified for an immigrant visa and have an immigrant visa number available to apply for immigrant status with the United States Citizenship and Immigration Services (USCIS).
However, the papers and documentation needed for adjustment of status differ significantly from those used by immigrants while coming from abroad. Before entering the country to claim their right to permanent residence and a green card, foreign applicants must first secure a U.S. entry visa from the Department of State of the United States.
Adjustment of Status Timeline
The exact timing for your Adjustment of Status will depend on your circumstances, and the time it takes you to obtain a green card through AOS. Thorough guidance on the length of time it takes to process an adjustment of status for a marriage green card has been created by Boundless.
Check the processing times for your local USCIS office because the Adjustment of Status processing time varies based on where you submit it in the United States.
Fees
You must pay the necessary costs to finish your Adjustment of Status green card application.
Any payments related to your original petition must first be paid. For example, you have to pay $535 to file your I-130 petition for an adjustment of status. Check the filing instructions if you’re submitting a different petition to ensure you pay the proper fee.
When your petition is granted, you must pay a separate cost to submit your I-485 green card application. For example, most applicants must pay $1,140 and an additional $85 for biometrics.
If you are under 14 and file an I-485 with one of your parents, the fee is $995; if you file on your own, the total fee is $1,140.
Eligibility
The foreign nationals listed below who entered the United States legally:
- Spouse of an American citizen whose immigration visa petition has been granted
- Parents of an American citizen whose immigration visa petition has been approved
- Children under 21 who are not married to a U.S. citizen and whose petition for an immigrant visa has been approved.
Foreign nationals who entered the country legally and are still in legal status include:
- Unmarried children of a citizen of the United States whose petition for an immigration visa has been approved.
- Married children of a citizen of the United States whose petition for an immigration visa has been granted.
- Siblings of a citizen of the United States whose petition for an immigration visa has been granted.
- A lawful permanent resident’s spouse whose petition for an immigrant visa has been granted.
- Children of lawful permanent residents with an approved immigrant visa petition who are not married and of any age.
- Foreign individuals who entered the country on a K1 visa as a fiancé or fiancée and wed the petitioner, a citizen of the United States, during the previous 90 days.
- Foreign nationals whose U.S. company has submitted a successful visa petition on their behalf.
How to file for adjustment of status
Form I-485 is the Application for Adjustment of Status, which may be submitted by intending immigrants who meet the conditions for adjustment of status. As previously noted, immediate relatives are generally permitted to submit the application to USCIS whenever they match the criteria. In actuality, close family members may file “concurrently.” This indicates that Form I-485 and Form I-130 are filed simultaneously. These are only the two basic kinds, in actuality.
Specific forms and papers may be required depending on the category you are applying for. The needed packet typically includes a mix of the following:
- USCIS approval letter for an initial petition (for instance, in response to a Form I-130 or Form I-140 being filed on the person’s behalf by a U.S. citizen, permanent resident, or employer; a self-petition on Form I-360; or the equivalent). In some circumstances, the initial petition can be submitted concurrently with the adjustment application rather than needing to wait for USCIS approval first (such as for close relatives of citizens of the United States who entered the country lawfully).
- Proof of your family relationships, such as a copy of a birth or marriage certificate, is required if you are traveling to a new country with someone else who is not the main immigrant.
- Two passport-style photographs. For these to be taken, it is best to visit a professional.
- Photocopies of your passport, refugee travel document, or other official identification are acceptable forms of identification.
- A copy of your birth certificate (long form) and an English translation if it was originally written in another language. Prepare Substitute Documents or Affidavits for Immigration Applications might be found there if you don’t have a birth certificate. Refugees and asylees do not need to present a birth certificate.
- I-485, Application to Register Permanent Residence or Adjust Status, USCIS. This is the primary green card application.
- If applying based on employment, INA Section 204(j) Job Portability Request or Confirmation of Bona Fide Job Offer, USCIS Form I-485 Supplement.
- You must provide evidence of your most recent legal entry into the country, such as a copy of the passport page bearing the admittance or stamp, your I-94, or an Advance Parole document. (Various exclusions apply; for example, applicants under Section 245(i), self-petitioners under the VAWA, and asylees do not need to submit this.)
- Your I-94 or (for students) Forms I-20 serve as proof that you have retained legal status in the United States. (Immediate relatives of lawfully admitted U.S. citizens are exempt from providing this information.)
- Application for Employment Authorization, Form I-765 from USCIS Even though submitting this form is optional, you should do so to apply for a work permit, which serves as a useful form of picture identity even if you don’t intend to work.
- Application for Travel Document, USCIS Form I-131. This must be completed if you intend to leave the country while your adjustment application is being reviewed. To prevent USCIS from canceling your application while you are away, you will utilize this to apply for Advance Parole.
- Suppose you haven’t already provided a medical report as part of an earlier component of your immigration application. In that case, you’ll need to have a USCIS-approved doctor fill out USCIS Form I-693, Report of Medical Examination and Vaccination Record.
- Form I-864, Affidavit of Support from USCIS (family-based immigrants only). By having your petitioner/sponsor fill it out, you’ll utilize it to demonstrate to USCIS that you won’t depend on benefits once you’re granted permission to be in the country permanently. In addition, you may use Form I-864EZ or be totally exempt in certain situations.
- Official police and court records if you have ever faced criminal charges, been arrested, or been found guilty. If you’ve ever had a run-in with the police or immigration authorities, consult a lawyer before filing.
- As necessary, other papers and documents are based on the category you are applying under; for information, read the directions to Form I-485.
- The payment of filing fees via a check, money order, or credit card (using Form G-1450, Authorization for Credit Card Transactions).
To ensure that you have a copy of everything in your packet for your records, make a copy of each form, document, picture, and check or money order. You might be asked to prove that you actually filed anything because government organizations tend to misplace stuff.
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