3/25/2023 0 Comments Ead processing time 2021However, it is okay if your visa expires before the adjustment of status process is complete. You must also have lawful status when you first apply for AOS. You can apply for adjustment of status after your immigration visa petition has been approved by USCIS, as long as a visa number is available. The option of appealing if your adjustment of status application gets denied.The ability to apply for an employment authorization document that will allow you to work in the United States while your application for permanent resident status is being processed.The option to file your adjustment of status application concurrently with an immediate relative green card petition and employment-based first, second, and third preference categories.The ability to maintain valid status in the United States as your application for adjustment of status is being processed.There are many benefits to obtaining permanent residency through adjustment of status. Have a Type G non-i-immigrant visa as a representative for an international organization.Are an E1 treaty trader or E2 treaty investor.Are a J1 or J2 exchange visitor required to comply with the two-year foreign residence requirement and have not received a waiver for that requirement.Are the dependent of a K-1 fiancé visa holder who did not get married before their visa expired.Entered the U.S on a K-1 fiancé visa but failed to marry before the visa expired.Are currently in deportation proceedings.Do not currently maintain a lawful immigrant status.Are not physically present in the United States.You will not be able to apply for adjustment of status with USCIS if you: There are many things that can bar a person from eligibility to obtain a green card through adjustment of status. Who Should Not Apply for Green Card Through Adjustment of Status? Meet the specific additional eligibility requirements for the type of green card for which you are applying.Be eligible for adjustment of status, under Section 245(i) of the Immigration and Nationality Act (INA).Wait at least one year if in the country as a refugee or asylum seeker.Get married while your visa is still valid if in the country on a K-1 fiancé visa.Have received your visa number for your green card application if you are in a preference category.Get approval of Form I-130: Petition for Alien Relative or Form I-140: Immigrant Petition for Alien Workers, unless you are filing concurrently.Be physically present in the United States.In most cases, immediate family members, asylees, refugees, and certain people in the country for employment purposes are all eligible to adjust their status to permanent residents as long as they meet the other eligibility requirements. To be eligible for adjustment of status, you must meet certain requirements. After completing Form I-485, you must file it with United States Citizenship and Immigration Services (USCIS).Ĭheck Your Green Card Eligibility Who Should Apply for a Green Card Through Adjustment of Status? This adjustment of status form must be completed by the applicant, not their sponsor. When applying to adjust your status, you must file Form I-485: Application to Register Permanent Residence or Adjust Status. What Form Is Required for Adjustment of Status? The big difference between AOS and consular processing is that AOS is typically how you can get your green card if you are already in the United States, whereas consular processing is the procedure for those seeking permanent residency while outside the country. You may be eligible for AOS if you entered the United States lawfully and meet certain conditions.Īdjustment of status is one of the two options when seeking a green card, along with consular processing. What Is Adjustment of Status?Īdjustment of status is the process where a person changes their status from nonimmigrant to permanent resident. Check Public Charge Ground of Inadmissibility Final Rule for more information. USCIS Update: From Decempublic charge final rule will apply to the adjustment of status applications. In this ultimate guide, we will review the process for obtaining a green card through adjustment of status and the benefits it offers. citizenship, while for others, a green card is the final goal of their immigration to the United States. Becoming a green card holder means a significant increase in your rights and benefits in the United States.įor some, obtaining permanent residency is a stepping stone on the path to U.S. Adjustment of status (AOS) is the procedure in which an immigrant inside the United States applies to become a permanent resident and obtain a green card.
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