From Visa to Green Card: Understanding the Adjustment of Status

Table of Contents

What is Adjustment of Status?

Adjustment of Status (AOS) is a legal process in the United States that allows certain foreign nationals who are already in the U.S. to apply for lawful permanent resident status (green card) without having to leave the country. It is typically used by individuals who are eligible for green cards based on family relationships, employment, refugee or asylum status, or other special provisions.

Here are some key points about Adjustment of Status:

Eligibility: To be eligible for Adjustment of Status, you generally need to meet specific criteria based on the category under which you are applying. For example, if you are applying for a family-based green card, you must have an eligible family member who is willing to sponsor you. If you are applying through employment, you must meet the requirements for your specific employment-based category.
Status: You must be in the U.S. in a valid immigration status at the time of filing your Adjustment of Status application. This means that you should not have overstayed your authorized period of stay, violated your visa status, or engaged in unlawful activities.
Priority Dates: In many cases, there are numerical limits on the number of green cards that can be issued each year in certain categories. This may result in the use of priority dates to determine when you can file your Adjustment of Status application. Priority dates are assigned based on the date when the visa petition (such as an I-130 or I-140) was filed for you.
Application Process: The process typically involves filing an application package with U.S. Citizenship and Immigration Services (USCIS), including the appropriate forms, supporting documentation, and fees. You may also need to undergo a medical examination and attend an interview at a USCIS office.
Employment Authorization and Travel Document: While your Adjustment of Status application is pending, you can often apply for an Employment Authorization Document (EAD) and a travel document (Advance Parole) that allows you to work and travel outside the U.S. while your application is being processed.
Interview: In many cases, you will be required to attend an interview at a USCIS office as part of the Adjustment of Status process. This interview is typically conducted to verify the information provided in your application and to determine your eligibility for a green card.
Decision: USCIS will make a decision on your Adjustment of Status application. If approved, you will receive a green card, granting you lawful permanent resident status. If denied, you may have the option to appeal the decision or take other legal actions.

How to Apply for Adjustment of Status?

The process of applying for Adjustment of Status (AOS) in the United States can be complex and may vary depending on your specific immigration category. Here are the general steps to apply for Adjustment of Status:

Determine Your Eligibility:

You must be eligible for AOS based on your immigration category. Common categories include family-sponsored, employment-based, refugee or asylum-based, and certain other special provisions. Ensure that you meet the eligibility criteria for the category under which you are applying.

File an Immigrant Petition:

In most cases, someone must file an immigrant petition on your behalf to establish the basis for your green card eligibility. For example, a U.S. citizen or permanent resident family member may file Form I-130 (Petition for Alien Relative) for family-sponsored applicants, while employers may file Form I-140 (Immigrant Petition for Alien Worker) for employment-based applicants.

Check Visa Bulletin:

Review the Visa Bulletin published by the U.S. Department of State to check if a visa number is available for your category. Priority dates, which are based on the filing date of your immigrant petition, determine when you can apply for AOS.

Gather Required Documents:

Collect the necessary supporting documents, which may include:

Form I-485 (Application to Register Permanent Residence or Adjust Status).

Form I-864 (Affidavit of Support), if required.

Form I-765 (Application for Employment Authorization), if you want to work while your AOS application is pending.

Form I-131 (Application for Travel Document), if you need to travel outside the U.S. while your AOS application is pending.

Passport-style photos.

Required fees or fee waivers, if applicable.

Proof of your lawful entry into the U.S., such as an I-94 Arrival/Departure Record.

Medical examination results (Form I-693) conducted by an authorized civil surgeon.

Complete and File Your AOS Application:

Fill out Form I-485 accurately and completely. Include all required documents and fees. Make sure to submit copies of your supporting documents, as original documents are generally not required.

Mail your AOS application to the appropriate USCIS address, which can vary depending on your location and eligibility category.

Biometrics Appointment:

After USCIS receives your application, you will be scheduled for a biometrics appointment at a local Application Support Center (ASC). During this appointment, your fingerprints, photograph, and signature will be taken for background checks.

Attend an Interview (if required):

Depending on your eligibility category and other factors, you may be required to attend an interview at a USCIS office. The interview is typically scheduled to verify the information provided in your application.

Await a Decision:

USCIS will review your AOS application, conduct background checks, and make a decision. If approved, you will receive a green card. If denied, you may have the option to appeal the decision or take other legal actions.