Are you a family-based immigrant looking to adjust your status in the United States? Understanding the legal framework and requirements for the Adjustment of Status (AOS) process is crucial in navigating the path towards obtaining your green card. Let’s delve into the essential information you need to know to apply for an Adjustment of Status successfully.
What is Adjustment of Status?
Adjustment of Status, commonly referred to as AOS, is the process through which an individual already in the U.S. can apply for lawful permanent resident status, also known as a green card, without leaving the country. This process allows eligible immigrants to change their nonimmigrant status to immigrant status while remaining in the United States.
Legal Requirements for Applying for Adjustment of Status
Applicants must meet specific legal requirements to be eligible for an Adjustment of Status. Here are some critical criteria:
Lawful Presence: Applicants must have entered the U.S. lawfully. This is usually achieved by entering with a nonimmigrant visa. However, it can also be secured through parole entry, such as the recently announced “Parole in Place” or TPS advance parole.
Eligibility Under a Preference Category: Family-based immigrants must have an approved relative petition, typically Form I-130, filed by a qualifying family member such as a spouse, parent, or child.
Priority Date Current: The priority date must be current based on the Visa Bulletin, indicating that a visa is available.
Eligibility for Adjustment: Applicants must meet all eligibility criteria outlined in the immigration laws.
Steps to Adjust Status
Step 1: Submit Form I-485
The first step in the Adjustment of Status process is to submit Form I-485, Application to Register Permanent Residence or Adjust Status. This form is your official application to adjust your status to that of a lawful permanent resident.
Step 2: Biometrics Appointment
After submitting your Form I-485, you must attend a biometrics appointment. Your fingerprints, photograph, and signature will be taken during this appointment for background and security checks.
Step 3: Attend Interview
Once your biometrics are processed, you may be scheduled for an interview at a USCIS office. During the interview, an immigration officer will review your application, ask questions to verify your eligibility and assess the authenticity of your relationship with the petitioning family member.
Step 4: Wait for the Decision
After the interview, you will await a decision on your Adjustment of Status application. If approved, you will receive your green card, granting you lawful permanent resident status in the United States.
Adjusting your status in the U.S. can be a complex process, but you can navigate it successfully with the correct information and guidance. If you are a family-based immigrant seeking to obtain your green card, understanding the legal requirements and following the step-by-step process of Adjustment of Status is critical to achieving your immigration goals.
Remember, each case is unique, and you must consult with an immigration attorney to ensure you are on the right track toward adjusting your status in the U.S. Good luck on your journey to becoming a lawful permanent resident!
Commentaires