Adjusting your status to that of a lawful permanent resident in the United States is a critical step for many immigrants. This process, known as Adjustment of Status (AOS), allows individuals who are currently in the U.S. to apply for a green card without the need to return to their home country. It involves a series of meticulous steps and meeting strict eligibility requirements.
Our journey toward permanent residency is paved with a number of important documents and forms. Ensuring we have a complete checklist is vital to avoid delays or rejections. The array of required items can range from identification documents, financial records, to evidence of a bona fide relationship, if applicable. Each piece plays a crucial role in proving our eligibility and readiness for AOS. learn more about adjustment of status checklist
We must navigate through the complexities of United States Citizenship and Immigration Services (USCIS) policies and procedures with precision. Staying fully informed of the latest requirements and assembling a thorough and accurate application package is where we begin. A careful review of every document before submission is key to ensuring that our application has the best chance of a successful outcome.
Eligibility Requirements
Before we begin, it’s essential to understand that eligibility for adjustment of status is contingent upon specific criteria. Failing to meet these requirements will result in denial of the application.
Eligibility for adjustment of status in the United States depends on several factors, primarily the applicant’s current immigration status, the type of visa they hold, and their relationship to a U.S. citizen or lawful permanent resident. Generally, individuals eligible for adjustment of status include immediate relatives of U.S. citizens (such as spouses, parents, and unmarried children under 21), certain family-sponsored immigrants, employment-based immigrants, diversity visa lottery winners, and certain special immigrants. Eligibility also hinges on factors like maintaining lawful status, passing necessary background checks, and demonstrating admissibility. Seeking adjustment of status allows eligible individuals to apply for lawful permanent residency without leaving the United States, streamlining the process and minimizing family separation.
Adjustment of status refers to the process by which certain eligible foreign nationals already in the United States can apply for lawful permanent resident status, commonly known as getting a green card, without having to leave the country. This process typically applies to individuals who entered the U.S. on a temporary visa or through the Visa Waiver Program and now wish to change their status to become permanent residents. It involves submitting an application to U.S. Citizenship and Immigration Services (USCIS), which includes proving eligibility, undergoing background checks, and attending interviews. Successful adjustment of status allows individuals to remain in the U.S. while their application is processed, thereby avoiding the need for consular processing abroad.
Immigration Status
To adjust status to that of a lawful permanent resident (LPR), one must already be in the United States and have been inspected, admitted, or paroled into the country. Relevant categories include:
- Nonimmigrant Visa Holders: Must have entered the U.S. with a valid nonimmigrant visa.
- K-1 Fiancé(e) Visa Holders: Must have married the U.S. citizen petitioner within 90 days of entry.
- Asylees and Refugees: Over one year since granted asylum or refugee status.
Residency Criteria
Our residency must align with the following to be considered for adjustment of status:
- Physical Presence: Must currently reside within the U.S.
- Address Consistency: Our address on the application should match the one we live at.
- Continuous Residence: We must not have abandoned our residence by taking lengthy trips abroad.
Employment Authorization
If seeking employment while our adjustment of status application is pending, we may apply for an Employment Authorization Document (EAD):
- Filing an I-765 Form: Must file Form I-765 to request an EAD.
- Pending Adjustment of Status Application: We can only apply if our I-485 form has been filed.
Family Sponsorship
Our eligibility also depends on a qualifying family relationship:
- Immediate Relatives: Spouses, children under 21, and parents of U.S. citizens.
- Preference Relatives: Adult children, siblings, and married children of U.S. citizens, as well as spouses and children of Green Card holders.
Special Categories
Several special categories afford eligibility to apply for adjustment of status:
- Special Immigrant Juveniles (SIJ): Must have a juvenile court order declaring you a SIJ.
- Cuban Adjustment Act: Cuban natives or citizens eligible under this act.
- Violence Against Women Act (VAWA): Abused spouses, children, or parents of U.S. citizens or permanent residents.
Application Process
Our goal is to provide a clear and concise roadmap for the adjustment of status application process. We aim to identify each key step and the necessary actions to successfully navigate this complex procedure.
Gathering Documentation
First and foremost, we need to compile all the required documents. These include but are not limited to:
- Proof of nationality: Passport, birth certificate, or any other official document that verifies your country of origin.
- Proof of lawful entry: A copy of the passport page with your admission or parole stamp or I-94 travel record.
Form I-485
Filing Form I-485, Application to Register Permanent Residence or Adjust Status, is a pivotal step. Ensure accuracy and completeness to avoid delays. The form requires:
- Personal information: Full name, address, and recent immigration history.
- Adjustment of status eligibility category: Usually based on family relationships, employment, or asylum/refugee status.
Supporting Evidence
Attach the evidence that supports your Form I-485. This may differ based on individual circumstances but typically includes:
- Affidavit of Support (Form I-864): For family-based applications.
- Two passport-style photos.
- Medical examination: Completed by a USCIS-approved civil surgeon.
Biometrics Appointment
After submitting the Form I-485, we’ll receive a notice for the biometrics appointment. At this appointment, USCIS will collect our fingerprints, photograph, and signature.
Interview Preparation
We should prepare for the interview by reviewing our application and practicing potential questions. Essential interview preparations include understanding:
- The basis of our adjustment application: Whether it’s family, employment, or other grounds.
- Our personal history: Including work, travel, and family details as outlined in the application.
Adjustment of Status Interview
Finally, the adjustment of status interview is our opportunity to confirm the details of our application. We should bring:
- Original documents: All the evidence previously submitted plus any new relevant documents.
- A government-issued ID: For identity verification.