Adjustment of Status
What is Adjustment of Status?
Adjustment of Status (AOS) is a process that allows an individual currently residing in the United States to apply for lawful permanent residency (Green Card) without departing from the country. This procedure is particularly advantageous for individuals who are already present in the U.S. on a visa or other legal status and seek to transition to permanent residency.
Benefits of Obtaining a Green Card
The benefits of obtaining a Green Card are manifold. It affords the holder the right to live and work permanently in the United States, grants access to various social benefits, and allows for easier travel in and out of the country. Additionally, it opens avenues to apply for U.S. citizenship after fulfilling residency requirements.
Eligibility for a Green Card
Eligibility for a Green Card through adjustment of status typically hinges on several key factors, such as family relationships, employment opportunities, or humanitarian reasons like asylum. Individuals must ensure they meet the criteria specified by U.S. Citizenship and Immigration Services (USCIS), which includes maintaining a legal status in the U.S. for the duration of the application.
Adjustment of Status Process
The steps for the Adjustment of Status process generally include filing Form I-485 (Application to Register Permanent Residence or Adjust Status), submitting supporting documentation, attending a biometric appointment, and finally, attending an interview with a USCIS officer. This multi-step procedure is designed to verify the applicant’s eligibility and intentions for permanent residency.
Difference in Adjustment of Status and Consular Processing
It is also crucial to differentiate Adjustment of Status from consular processing. While AOS allows applicants to adjust their immigration status while in the U.S., consular processing requires the applicant to apply for a visa and attend an interview at a U.S. embassy or consulate in their home country. Each pathway has its own procedural nuances and timelines.
How long does an adjustment of status application take?
The duration of the adjustment of status process can vary widely, influenced by factors such as USCIS workload and the complexity of the individual case. On average, the process may take anywhere from six months to over a year, necessitating patience and careful tracking of application progress.
For individuals considering this significant transition, consulting with an experienced Adjustment of Status lawyer is highly advisable. Legal counsel can provide tailored guidance, ensure proper completion of the required forms, and represent applicants throughout the process, thereby increasing the likelihood of a successful outcome.
Contact our Adjustment of Status Lawyer
Adjustment of Status serves as a crucial gateway for many to attain permanent residency in the United States. Understanding the benefits, eligibility criteria, and procedural steps involved is essential for aspiring Green Card holders. Contact our adjustment of status attorney to learn more about your options.
