Mastering the Adjustment of Status Process: Essential Steps and Tips
The U.S. immigration system can be complicated, but if you’re already in the United States and want to get a Green Card, the Adjustment of Status (AOS) process is an important option for you. This guide will break down what AOS entails, including key steps, requirements, and how we can help you through this process.
What Is Adjustment of Status
Adjustment of Status (AOS) is a process that allows individuals who are already in the U.S. to apply for lawful permanent residency, commonly known as a Green Card. Unlike consular processing, where you would need to leave the U.S. to complete visa procedures at a U.S. embassy or consulate abroad, AOS permits you to apply for your Green Card without leaving the country.
Key Steps in the Adjustment of Status Process
The following are the essential steps involved in the Adjustment of Status (AOS) process for obtaining a U.S. visa, guiding you from application to final approval:
1. Eligibility Assessment
The first step in the Adjustment of Status process is to determine if you’re eligible to apply for a Green Card. Various factors, such as your current status, the immigrant category you are applying under, and your specific circumstances, determine your eligibility. Common categories include family-based, employment-based, and others such as refugee or asylum status.
To assess your eligibility, review the different categories and their specific requirements. For instance, a close relative must generally file a petition in family-based categories, while an employer often needs to sponsor you in employment-based categories. Special categories, such as those for refugees or asylum seekers, have their own criteria.
We can help you evaluate your eligibility and guide you in understanding which category applies to your situation. Our goal is to ensure you start the AOS process on the right foot, meeting all necessary requirements.
2. Filing an Immigrant Petition
Usually, before you can apply for AOS, you need an approved petition. A family member or employer typically files this petition to support your application.The most common forms for this are:
- Form I-130: Petition for Alien Relative
- Form I-140: Immigrant Petition for Alien Worker
- Form I-526: Immigrant Petition by Alien Entrepreneur
Filling out these forms can be complex. We help by preparing and filing them correctly and on time.
3. Visa Availability
You can only file your AOS application once a visa is available in your specific category. The Department of State tracks visa availability through priority dates and the Visa Bulletin Each category has its own visa availability criteria, and understanding these can be crucial to your application.
For instance, if you’re applying under an employment-based category, you need to check the Visa Bulletin to see when your priority date becomes current. If you’re applying under a family-based category, you need to ensure that your visa number is available.
We help monitor visa availability and guide you on the timing of your application to ensure that you file at the appropriate time.
4. Filing Form I-485
Once you’re eligible and a visa becomes available, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is central to the Adjustment of Status process and requires you to provide detailed information about your current status and background.
Along with Form I-485, you may need to submit additional documents such as proof of your identity, evidence of your eligibility, and any other supporting documentation. It’s essential to complete your application accurately to avoid delays or complications.
Our team will guide you through completing Form I-485 and ensure that you gather and submit all necessary documents properly.
5. Interview Process
Depending on your case, USCIS may require an interview to evaluate your application further. If they determine that an interview is necessary, they will notify you of the date, time, and location. During the interview, USCIS officials will ask you questions about your application and supporting documents to verify your eligibility.
Prepare thoroughly by gathering all the original documents and evidence you submitted with your application, including your passport, travel documents, and Form I-94. The interview is a critical step, and your preparation can significantly impact the outcome.
We guide you through preparing for your interview, helping you anticipate potential questions and organize your documents effectively.
6. Biometrics Appointment
After you submit Form I-485, USCIS will schedule you for a biometrics appointment at an Application Support Center (ASC). During this appointment, USCIS will collect your fingerprints, photograph, and signature for background checks and security purposes.
You must attend this appointment and ensure that all information is accurate. If you miss the appointment or fail to provide the required biometrics, you may face delays or denial of your application.
We will help you prepare for your biometrics appointment, making sure you understand what to expect and how to address any issues that might arise.
We also provide guidance on preparing for your interview, including potential questions and how to organize your documents effectively.
7. Responding to Requests for Additional Evidence
USCIS might issue a Request for Evidence (RFE) if they need more information to process your application. They might do this because of missing documents, outdated information, or the need for additional clarification.
You must respond to any RFEs promptly and accurately. If you fail to provide the requested information within the specified timeframe, USCIS may deny your application.
We will assist you in responding to RFEs, making sure you gather and submit all additional evidence correctly.
8. Checking Your Case Status
Throughout the AOS process, you can check the status of your case online or by contacting the USCIS Contact Center. Staying informed about your case status can help you manage any issues that arise and ensure that you meet all deadlines.
We will keep track of your case status and provide updates, helping you address any concerns or requests from USCIS in a timely manner.
9. Receiving A Decision
After USCIS reviews your application, they will send you a written decision. If they approve your application, they will send you an approval notice followed by your Green Card. Once they deny your application, they will explain the reasons for the denial and any options you have for appeal or reapplication.
When USCIS denies your application, we will help you understand the reasons and explore possible avenues for appeal or reapplication, ensuring that you have the support you need to navigate any setbacks.
Learn more:
Securing a Smooth Journey: Tips on Choosing the Right Marriage Visa Lawyer for IR1/CR1 and K-1 Visas
From One Home to Another: The Family-Based Immigrant Visa Journey Explained
How Alagiri Law Can Help
The Adjustment of Status process involves several intricate steps and detailed requirements. Our team is dedicated to assisting you through each phase, from assessing your eligibility and preparing your forms to guiding you through interviews and responding to RFEs. We provide personalized support to ensure that your application is complete, accurate, and submitted on time.
By partnering with us, you gain access to a knowledgeable team committed to making your journey to permanent residency as smooth as possible.
Contact Alagiri Law today to get started and take the first step toward achieving your Green Card.
