1. What is the process for filing for adjustment of status?

The process for filing for adjustment of status involves submitting Form I-485 (Application to Register Permanent Residence or Adjust Status). Along with this form, applicants must submit various other documents, including an I-693 (Medical Examination of Aliens Seeking Adjustment of Status), a valid passport, birth certificate, police certificates, and other supporting evidence. Applicants must also pay application fees and biometrics fees. Finally, applicants must attend an interview with a US Citizenship and Immigration Services (USCIS) officer in order to complete the adjustment of status process.

2. What documents are required to file for an adjustment of status?

The documents you will need to file for an adjustment of status include your Form I-485 (Application to Register Permanent Residence or Adjust Status), evidence of your eligibility for the visa category, a valid passport, your medical exam results, two identical passport-style photographs, any other supporting documents required for the specific visa category, and the filing fees.

3. How long does it take to adjust status?

It typically takes between 7 and 12 months to adjust status. However, processing time can vary depending on the specific circumstances of each application.

4. Who is eligible for adjustment of status?

Adjustment of status is available to individuals who are eligible for an immigrant visa and are already present in the United States. This includes individuals who entered the U.S. with a nonimmigrant visa, an immigrant visa, or through the Visa Waiver Program. To be eligible, the applicant must be physically present in the U.S., meet all requirements for the immigrant visa they’re applying for, and not be inadmissible to the U.S. on any of the grounds listed in the Immigration and Nationality Act.

5. What is the role of the I-485 form in adjusting status?

The I-485 form is an application used to request a change in a person’s immigration status from nonimmigrant to immigrant. It is used by people who are already residing in the United States and wish to adjust their immigration status. This form is used to apply for permanent resident status in the United States, and if approved, will grant individuals with a Green Card.

6. How do I know if I meet the eligibility requirements for adjustment of status?

You can check the eligibility requirements for adjustment of status on the U.S. Citizenship and Immigration Services website. There are specific requirements you must meet in order to qualify for adjustment of status, such as having a valid visa or other immigration status, being admissible to the United States, and having a qualifying family relationship or employment-based petition.

7. How does a Priority Date affect my adjustment of status application?

The priority date is the date that the USCIS received your adjustment of status application. The priority date is used to determine when you can apply for permanent residency (green card). Depending on the category of your application and the country of origin, you may have to wait several years before you can apply for permanent residency.

8. Are there any additional fees associated with filing for adjustment of status?

Yes, there are additional fees associated with filing for adjustment of status. These fees include the USCIS filing fee, biometrics fee, medical examination fee, and attorney’s fees (if applicable).

9. How is the process for adjustment of status different from applying for a visa?

The process for adjustment of status is different from applying for a visa in that when applying for an adjustment of status, the applicant must have already entered the United States legally such as with a valid visa, a visa waiver, or with permission from an immigration official. With an adjustment of status, the applicant is applying to adjust their existing status within the United States, whereas a visa application is an application to travel to the United States for a specific purpose such as work, study, or tourism.

10. What is the importance of the visa bulletin in adjusting status?

The visa bulletin is an important tool for those seeking to adjust their status in the United States. It is published monthly by the U.S. Department of State and contains information on visa availability for those who are eligible to apply for adjustment of status. The visa bulletin helps people determine when they can submit their application for adjustment and when they may be eligible to complete the process. It also provides important information regarding visa numbers, cutoff dates, and priority dates.

11. Do I need to file separate forms when adjusting status for multiple family members?

Yes, you will need to file separate forms for each family member who is adjusting their status.

12. How do I check the progress of my adjustment of status application?

You can check the status of your adjustment of status application online or by calling the USCIS National Customer Service Center. You will need your receipt number to check the status.

13. Is a medical exam required when applying for adjustment of status?

Yes, a medical examination is required when applying for Adjustment of Status (AOS). The medical examination must be conducted by a doctor designated by U.S. Citizenship and Immigration Services (USCIS). During the exam, the doctor will evaluate the applicant for any physical or mental conditions that could affect their eligibility for AOS.

14. How can I ensure that I provide all the necessary documentation for an adjustment of status application?

The best way to ensure that you provide all the necessary documentation for an adjustment of status application is to thoroughly review the Form I-485 instructions, as well as the required evidence for your particular situation, prior to filing. Additionally, if you are using an immigration attorney to help prepare and submit your application, they can provide advice on the documents you need to get together.

15. What is the difference between a conditional and an unrestricted Green Card when adjusting status?

A conditional Green Card is issued to foreign nationals who are in the United States on a marriage-based immigrant visa. A conditional Green Card is valid for two years, and the foreign national must file a petition to remove the conditions before the expiration of the two-year period. An unrestricted Green Card is issued to foreign nationals who have already obtained permanent resident status in the United States. This Green Card does not have an expiration date and does not require additional filing measures.

16. Are there different types of Adjustment of Status applications?

Yes, there are different types of Adjustment of Status applications depending on an individual’s eligibility and the type of visa they are applying for. For example, family-based Adjustment of Status applications require the filing of Form I-485 Application to Register Permanent Residence or Adjust Status, while employment-based Adjustment of Status applications require the filing of Form I-140, Immigrant Petition for Alien Worker. Additionally, certain individuals may also need to file a Form I-765, Application for Employment Authorization and/or a Form I-131 Application for Travel Document.

17. If I have a criminal record, will it affect my ability to adjust status?

Having a criminal record could potentially affect your ability to adjust status. Depending on the severity of the crime, you could be denied a visa or have a longer processing period. In some cases, individuals with criminal records may be deemed inadmissible and unable to apply for a green card. It is best to consult an immigration lawyer for more detailed advice about your specific situation.

18. What type of supporting evidence should I include with my Adjustment of Status application?

If you are applying for Adjustment of Status, you should include all relevant documentation to prove your eligibility for the status, such as evidence of your current immigration status, proof of identity, and evidence of a bona fide marriage if filing as a spouse. You may also need to provide evidence of a Qualifying Relationship and/or Employment Authorization, Employment Verification, Tax Returns, Financial Records, and any other documents required by USCIS.

19. Can I travel outside the US while my Adjustment of Status application is pending?

No, it is not advisable to travel outside the US while a pending adjustment of status application. Doing so may result in complications that could cause a delay in the processing of the application or even result in its denial. If an individual must travel outside the US while an AOS application is pending, they should contact an immigration lawyer for guidance.

20. What happens if my Priority Date becomes current after I have filed my Adjustment of Status application?

If your Priority Date becomes current after you have filed your Adjustment of Status application, you will receive an approval notice in the mail. You will need to follow the steps outlined in the approval notice to complete the adjustment process.