1. What is the process for filing an Adjustment of Status (AOS) application?

Answer:

The process for filing an Adjustment of Status (AOS) application begins with filing Form I-485, Application to Register Permanent Residence or Adjust Status. The applicant must also submit evidence that demonstrates they are eligible to adjust their status, including evidence of their identity, lawful entry, and qualifying family or employment relationship. Along with the Form I-485, the applicant must submit photographs, a copy of their birth certificate and other documentation. Applicants must also pay the required filing fees and submit a medical examination report. Once the AOS application is filed and accepted, the applicant may be scheduled for an interview at their local US Citizenship and Immigration Services office. At the interview, an immigration officer will review the applicant’s documents and ask questions to verify that they are eligible for AOS. After the interview is completed, the officer will issue a decision on the application. If approved, the applicant will receive an approval notice and can proceed with adjusting their immigration status.

2. Who is eligible to apply for Adjustment of Status?

Adjustment of Status is a process by which a foreign national, who is already in the United States, can apply for lawful permanent resident status (green card). To be eligible for this process, the foreign national must have an approved family-based or employment-based petition and a visa number available. The foreign national must also meet certain other criteria, such as being inspected and admitted or paroled into the US, maintaining lawful status, etc.

3. How do I know if I am eligible to apply for Adjustment of Status?

In order to apply for Adjustment of Status, you must meet certain eligibility requirements. Generally, you must be in the U.S. in a valid immigration status and have an approved immigrant petition filed on your behalf by either a family member or employer. Additionally, you must also be admissible to the United States, which means that you are not inadmissible due to criminal or security grounds, have not committed fraud or misrepresentation in any immigration matter, and have not violated the terms of your nonimmigrant status. Additionally, you must also be eligible for an available immigrant visa to file the adjustment of status application. If you meet all of these requirements, then you may be eligible to apply for Adjustment of Status.

4. Are there any penalties for filing an Adjustment of Status application without proper eligibility?

Yes, there are penalties for filing an Adjustment of Status application without proper eligibility. Depending on the situation, the applicant may be subject to civil and criminal penalties, including fines, imprisonment, or even deportation.

5. How long does the Adjustment of Status process typically take?

The Adjustment of Status process typically takes anywhere from 6 to 12 months. It may take longer depending on the individual case and the backlog of the specific USCIS office processing the application.

6. Are there any fees associated with filing an Adjustment of Status application?

Yes, there are filing fees associated with filing an Adjustment of Status application. The amount of the fees depend on the type of visa and form submitted.

7. What forms are required to complete the Adjustment of Status process?

The forms required to complete the Adjustment of Status process are:

1. Form I-485, Application to Register Permanent Residence or Adjust Status
2. Form I-693, Medical Examination of Aliens Seeking Adjustment of Status
3. Form I-765, Application for Employment Authorization
4. Form I-864, Affidavit of Support
5. Form I-131, Application for Travel Document
6. Form G-325A, Biographic Information
7. Form DS-260, Immigrant Visa Electronic Application
8. Form I-912, Request for Fee Waiver
9. Supporting documents as required by the form

8. What documents do I need to submit in order to complete an Adjustment of Status application?

In order to complete an Adjustment of Status application, you will need to submit the following documents:

1. Form I-485, Application to Register Permanent Residence or Adjust Status
2. Form I-765, Application for Employment Authorization
3. Form I-131, Application for Travel Document
4. Form I-864, Affidavit of Support
5. Copy of your passport
6. Birth certificate
7. Marriage certificate (if applicable)
8. Copy of any government issued ID
9. Two passport-style photographs
10. Medical examination results
11. Evidence of financial resources
12. Evidence of legal status in the US
13. Copy of any previously issued visas
14. Nonimmigrant visa application (if applicable)

9. Are there any special considerations I should be aware of before filing an Adjustment of Status application?

Yes. Before filing an Adjustment of Status application, you should make sure that you meet all the eligibility requirements. You should also confirm that you are not inadmissible for any reason, as this would prevent you from being approved for Adjustment of Status. Additionally, you should ensure that any conditions on your visa have been met before submitting your application. Finally, you should make sure that you have all the necessary documentation before filing your application to avoid delays or rejections.

10. Are there any restrictions on who can apply for Adjustment of Status?

Yes, individuals who have obtained their green card through marriage to a U.S. citizen, as a refugee, or as an asylee have certain restrictions on filing for adjustment of status. Additionally, individuals who have unlawfully entered the U.S. and are not eligible to adjust status may not be able to adjust their status. It is important to consult an experienced immigration attorney to determine if you are eligible for Adjustment of Status and what the requirements are.

11. What is the difference between a Green Card and an Adjustment of Status application?

A Green Card is the document that grants a foreign national the legal right to live and work in the United States permanently. An Adjustment of Status application is a form that a foreign national must fill out in order to apply for a Green Card.

12. Is an interview required before my Adjustment of Status application can be approved?

No, an interview is not always required before your Adjustment of Status application can be approved. USCIS will determine if an interview is necessary based on the individual facts and circumstances of your case.

13. Are there any other eligibility requirements I should be aware of before submitting my Adjustment of Status application?

Yes, depending on your situation, you may need to meet other eligibility requirements. These may include: being legally present in the United States when you apply, having a valid U.S. visa or other entry document, having a valid passport, and having a valid work permit (if applicable). Additionally, if you are applying under the Cuban Adjustment Act or another specific program, there may be additional eligibility criteria that you must meet.

14. What happens after I submit my Adjustment of Status application?

After you submit your Adjustment of Status application, it will be reviewed by USCIS. During the review process, USCIS may request additional documents or evidence to support your application. If your application is approved, USCIS will issue you a green card and you will be able to live and work in the United States permanently.

15. What are the consequences of denial of my Adjustment of Status application?

If your Adjustment of Status application is denied, you may be subject to removal proceedings and could be deported. Additionally, the denial of your application may impact any future applications for immigration benefits.

16. Does the Department of Homeland Security conduct background checks on those applying for Adjustment of Status?

Yes, the Department of Homeland Security (DHS) conducts background checks for those applying for Adjustment of Status (AOS). During the AOS process, applicants are required to submit biographical and background information which DHS can use to conduct necessary security screenings and background checks.

17. Can I work in the United States while my Adjustment of Status application is pending?

Yes, if you are applying for an adjustment of status, you may be eligible for work authorization. You may be eligible to apply for an Employment Authorization Document (EAD) by filing Form I-765.

18. Can I travel outside the United States while my Adjustment of Status application is being processed?

No. Once you have filed for Adjustment of Status, you cannot leave the United States without receiving advance permission (Form I-131) from USCIS. You must file Form I-131 if you need to travel outside the United States before your Adjustment of Status is approved.

19. Is it possible to expedite my Adjustment of Status application?

Yes, it is possible to expedite an Adjustment of Status application. You can contact the U.S. Citizenship and Immigration Services (USCIS) office and inquire about their expedite procedures and criteria for your particular situation.

20. Is there a deadline for applying for Adjustment of Status?

Yes, applications foradjustment of status must be filed before the expiration date on their approved visa petition or prior to the expiration of their authorized period of stay, whichever comes first.