Adjustment of Status to Lawful Permanent Residence
Pathway to U.S. Permanent Residency Through Adjustment of Status
Adjustment of Status (AOS) is the process by which an individual in the United States can apply to change their immigration status from a temporary or non-immigrant status to that of a lawful permanent resident (LPR). This process allows individuals to become a permanent resident without needing to leave the U.S. for consular processing.
Applicants for AOS must meet certain eligibility criteria, including having a valid immigrant petition (such as an approved family or employment-based petition) and being admissible to the U.S. Any previous violations of immigration law, criminal issues, or health-related grounds may affect eligibility. The Adjustment of Status process includes submitting Form I-485, along with supporting documentation such as medical exams, financial records, and evidence of lawful entry into the U.S.
The AOS process generally involves multiple stages, including submitting the necessary forms and documents, attending a biometrics appointment, and attending an interview with a USCIS officer. Depending on the applicant's situation, the interview might involve reviewing the applicant's background, the validity of their immigrant petition, and whether they meet all eligibility requirements.
The applicant will also be asked about their intent to reside permanently in the U.S. If granted, the applicant will receive their green card and can live and work permanently in the U.S., with rights to travel abroad under certain conditions. The timing of the AOS process can vary, but it typically takes several months to over a year, depending on the case complexity and processing delays.
Key Considerations in Adjustment of Status Applications
One important consideration for Adjustment of Status applicants is the priority date. The priority date is determined by the date the U.S. Citizenship and Immigration Services (USCIS) receives the immigrant petition. If the applicant is from a country with high demand for green cards, like India or China, there may be a long wait until a visa becomes available. Applicants must ensure that their priority date is current before filing for AOS, as the visa bulletin published by the U.S. Department of State determines when an individual can move forward with their application. Additionally, applicants should be aware of the "2-year bar" or "3-year bar" if they have overstayed their visa, as this can delay or complicate the AOS process.
Another crucial factor in the AOS process is maintaining lawful status in the U.S. during the application period. While waiting for the approval, applicants must avoid violating immigration laws. For instance, working without authorization, overstaying a visa, or engaging in other actions that violate U.S. immigration laws can jeopardize the application and possibly lead to deportation. In some cases, applicants may also need to file a waiver of inadmissibility if they have committed certain immigration violations or have a criminal history. Working with an experienced immigration attorney can help ensure that all steps are followed correctly and that the applicant's case is presented in the strongest possible light.