Should you live in the U.S. and would like to become a lawful permanent resident, then the adjustment of status process for a green card may be the best way for you. This adjustment of status allows an individual who is eligible to file for a green card while remaining in the United States, thus converting their status from that of a temporary visa holder to a permanent resident with more facilitation.
At AKN Immigration, we understand the burden that green card adjustment of status might have on applicants. We know how to help people achieve the outcome they want in applying for adjustment of status. This is a guest post that describes the significant steps, eligibility, and common challenges that applicants face.
What Is Adjustment of Status?
Adjustment of status (AOS) refers to the process of applying for a green card while the applicant is present in the United States. It differs from consular processing in which applicants process everything from abroad. Here, they stay within the United States while proceeding to permanent residency.
This process is available for applicants meeting some specific eligibility criteria within several distinct categories, such as:
- Immediate relatives of a U.S. citizen (spouse, parent, or unmarried child under 21).
- Employment-type green card petition.
- Special categories (such as asylum, refugee, or Diversity Visa Lottery winner).
Eligibility Requirements for Green Card Adjustment of Status
You should ensure that you meet the following before submitting Form I-485 (Application for Permanent Residence or Adjustment of Status):
- Valid Immigration Basis - An approved petition for immigrant status is absolutely necessary (like Form I-130 in family categories or Form I-140 in employment tiers).
- Visa Availability. There should be a visa number available in your category (consult the Visa Bulletin).
- Lawful Entry - the method in which you entered into the U.S. from outside must have been legal (i.e., with inspection).
- No Violation of Status - there are never, ever complications of overstayed visas or unauthorized work in your case.
- Admissibility - factors such as your criminal record, fraud issues, or health grounds will not go unexamined.
Adjustment of Status-Step One-by-step Process
1. File the Immigrant Petition
- In family-based cases, your relative who is a citizen or a permanent resident of the U.S. must file Form I-130.
- In employment cases, your employer must file Form I-140.
2. Checking Visa Availability
- The Visa Bulletin (published monthly by the Department of State) would indicate as to when a visa number would be available for your category.
3. Submit Form I-485
On availability of visa, you would file:
- Form I-485 (Adjustment of Status application)
- Supporting documents (birth certificate, passport, affidavit of support, medical examination)
- Application Fees
4. Attend Biometrics Appointment
USCIS will notify you for the fingerprinting appointment and photos for a background check.
5. Complete the Green Card Interview
Majority of the applicants are expected to attend the interview whereby a USCIS officer will assess their eligibility.
6. Receive Approval or Denial
If approved, you'll receive your green card in the mail, and if denied, you will have the right of appeal or reapply, depending on the reason.
Why Work with an Immigration Attorney?
The adjustment of status process can become undeniably tricky, but even more so if one has previous immigration problems and extra complicated eligibility factors. This is where an attorney will come in handy. An experienced one will:
- Ensure that all forms are filed correctly
- Assist with responses to RFEs
- Prepare you for the green card interview
- Handle inadmissibility issues with waivers
AKN Immigration provides tailored legal assistance for a smooth path to permanent residency.
Final Thoughts
The green card adjustment of status is a very important route to permanent residency in the U.S. for millions of immigrants. Understanding the eligibility criteria, documentation requirements, and possible challenges facing an application would greatly enhance the chances of a successful submission.
When genuinely in need, visit AKN Immigration consultation. We will be there for you all the way!
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