1. What is Adjustment of Status (AOS) and who is eligible to apply for it?

Adjustment of Status (AOS) is the process by which an individual who is physically present in the United States can apply to become a lawful permanent resident, or obtain a green card, without having to leave the country. This process is available to nonimmigrants, refugees and asylees, certain T and U visa holders, and some other categories of individuals.

2. What are the requirements for applying for Adjustment of Status?

The specific requirements for Adjustment of Status depend on the individual’s eligibility category (e.g. marriage to a U.S. citizen, employment-based immigration, etc.). However, generally speaking, in order to be eligible for AOS an individual must:
– File the appropriate form (Form I-485)
– Be physically present in the United States at the time of filing
– Have maintained legal status or be eligible for a waiver of status violations
– Be admissible to the United States
– Have an immigrant visa immediately available
– Pay all necessary fees
– Submit biometrics (fingerprints and photographs)
– Attend an interview with a USCIS officer, if required

3. Can I file for Adjustment of Status if I entered the U.S. illegally or overstayed my visa?

In most cases, individuals who entered the U.S. illegally or overstayed their visas are not eligible for Adjustment of Status. However, there are certain exceptions and waivers available that may allow some individuals to apply for AOS despite their unlawful entry or overstay.

For example:
– Immediate relatives of U.S citizens who have been unlawfully present in the U.S. for less than 180 days may be able to apply for AOS without leaving the country through the I-601A Provisional Waiver.
– Certain immigrants who qualify under special programs such as VAWA (Violence Against Women Act), TPS (Temporary Protected Status) or DACA (Deferred Action for Childhood Arrivals) may also be able to apply for AOS despite their unlawful status.

Individuals who have entered the U.S. illegally or overstayed their visas should consult with an immigration attorney to determine their eligibility for AOS and any available waivers.

4. How long does it take for my Adjustment of Status application to be processed?

The processing time for an Adjustment of Status application can vary depending on a variety of factors, such as the category of eligibility and the current workload of USCIS. It is important to note that this process can take several months to over a year in some cases.
As of 2021, the estimated processing time range for Form I-485 is approximately 6-9 months. You can check the current processing times on the USCIS website or by calling their customer service line at 1-800-375-5283.

5. Can I work or travel while my Adjustment of Status application is being processed?

If you have filed an Application for Employment Authorization (Form I-765) along with your Adjustment of Status application, you may be eligible to work in the U.S. while your application is pending. You must wait until your Employment Authorization Document (EAD) is approved before starting any job, and you must continue renewing your EAD every year until your green card is granted.

Travel outside of the U.S. while your AOS application is pending can be risky and may result in abandonment of your green card application. If you absolutely need to travel, you must obtain advanced parole by filing Form I-131, Application for Travel Document.

It is best to consult with an immigration attorney before traveling outside of the U.S. while your AOS application is pending.

6. Are there any risks associated with filing for Adjustment of Status?

Filing an Adjustment of Status application carries certain risks, such as potential deportation if it is denied or if new information comes to light that would make you ineligible for permanent residence. This is why it is important to consult with an experienced immigration attorney and carefully review your eligibility before filing the application.

Additionally, if you are an immediate relative of a U.S. citizen (spouse, child under 21, or parent), and entered the U.S. without inspection, filing for Adjustment of Status may subject you to a bar from re-entering the country for three or ten years if you leave before your green card is granted. This bar can only be waived by showing extreme hardship to your qualifying relative(s). Therefore, it is important to carefully consider this risk and discuss it with an immigration attorney before applying for AOS.

7. Can I appeal if my Adjustment of Status application is denied?

If your Adjustment of Status application is denied, you may be able to file an appeal or a motion to reopen/reconsider depending on the reasons for the denial. In general, appeals must be filed within 30 days of the decision, while motions have different filing deadlines depending on whether they are based on new evidence (90 days) or otherwise (30 days).

It is important to consult with an immigration attorney immediately after receiving a denial in order to determine the best course of action and any applicable deadlines.

8. Can I apply for Adjustment of Status if I have a criminal record?

Having a criminal record can affect your eligibility for Adjustment of Status. Certain crimes can make you deportable and therefore ineligible for AOS. It is important to disclose all criminal history on your application and provide any necessary documentation.

It is recommended that individuals with criminal records consult with an immigration attorney before applying for AOS to ensure their eligibility and address any potential issues that may arise.

9. What happens after my Adjustment of Status application is approved?

After your Adjustment of Status application is approved, you will receive your green card in the mail within a few weeks. Once you receive your green card, you can legally live and work in the U.S. permanently, travel outside of the country, and eventually apply for citizenship. You will also have the same rights and privileges as a U.S. citizen, except for voting.

10. Do I need to hire an immigration attorney to help with my Adjustment of Status application?

While it is not required to hire an immigration attorney to assist with your Adjustment of Status application, it is highly recommended. The AOS process can be complex and any errors or omissions on your application can result in delays or even denial. An experienced immigration attorney can ensure that your application is properly filed and submitted with all necessary documentation, increasing your chances of a successful outcome.

Additionally, if you encounter any issues or complications during the AOS process, an immigration attorney can provide guidance and assistance to navigate these challenges.

2. How do I know if my priority date is current based on the Visa Bulletin?

You can determine if your priority date is current by checking the Visa Bulletin published by the U.S. Department of State each month. The bulletin lists the priority dates for each preference category and country, along with any changes from the previous month. If your priority date is on or before the listed date in your category and country, it is considered current and you may proceed with immigrant visa processing.

3. Can I file for AOS if my priority date is not current?

No, in order to file for adjustment of status (AOS), your priority date must be current. This means that the Department of State’s Visa Bulletin must show that visas are available for your category and country of birth. If your priority date is not current, you will need to wait until it becomes current before filing for AOS.

4. What documents are required for an application for AOS?

The documents required for an application for Adjustment of Status (AOS) may vary depending on your specific situation and eligibility category. Generally, the following documents are required:

1. Form I-485: This is the main application form for AOS.
2. Medical Examination Report (Form I-693): This is a report completed by a designated USCIS-certified doctor to show that you do not have any communicable diseases that would make you inadmissible to the United States.
3. Identity and Civil Documents: These include your valid passport, birth certificate, marriage or divorce certificate (if applicable), and any other identity documents requested by USCIS.
4. Passport Photos: You will need to provide two identical passport-style photos with your name and A-Number written lightly in pencil on the back of each photo.
5. Form G-325A: Biographic Information Form for both the petitioner and the applicant.
6. Evidence of Eligibility: Depending on which eligibility category you are applying under, you may need to provide evidence such as a work permit, visa petition approval notice, or proof of familial relationship with a U.S. citizen or lawful permanent resident.
7. Affidavit of Support (Form I-864): If a sponsor is helping you financially, they will need to complete this form and provide supporting documentation such as tax returns and employment verification.
8. Financial Documents: If you are applying based on marriage to a U.S. citizen or permanent resident, you may be required to provide joint bank account statements, lease agreements, utility bills, or other evidence of shared financial obligations.
9. Court Records: If you have ever been arrested or convicted of a crime, you will need to provide certified copies of court records for each incident.

It is important to carefully review the USCIS instructions and requirements for AOS applications to ensure that all necessary documents are included in your submission.

5. Can I file for AOS while in the United States on a non-immigrant visa?

Yes, you can file for Adjustment of Status (AOS) while in the United States on a non-immigrant visa as long as you meet all the eligibility requirements for AOS. This means that you must have a valid and unexpired non-immigrant visa, be in lawful status (not overstaying your authorized period of stay), and have a qualifying family or employment-based petition already approved by USCIS. You must also have a current priority date, which is the date that determines when an immigrant visa becomes available to you. The priority dates are published monthly in the Visa Bulletin by the Department of State. If you meet these requirements, you may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, along with all necessary supporting documents and fees, to adjust your status from a non-immigrant to an immigrant.

6. How long does it typically take to process an AOS application?

The processing time for an AOS application can vary depending on individual circumstances, such as the applicant’s country of origin and current workload of the USCIS office. On average, it can take anywhere from 8-14 months for an AOS application to be processed. However, certain factors like a pending visa backlog or request for additional evidence can extend the processing time. It is important to regularly check the USCIS website for updates on processing times.

7. Can I work or travel outside of the United States while my AOS application is pending?

As an alien worker living and working in the United States, it is important for you to consider any potential travel plans or job opportunities outside of the country while your AOS application is pending. Here are a few things you should know:

Travel Outside of the United States:
If you wish to leave the United States while your AOS application is pending, you must obtain advance parole before your departure. Advance parole allows aliens who are adjusting their status to temporarily leave the country without abandoning their green card application. Failure to obtain advance parole before leaving the country can result in your AOS application being denied.

Employment Outside of the United States:
If you wish to work outside of the United States while waiting for your green card, you must first obtain an Employment Authorization Document (EAD). This document allows you to legally work in the United States while your AOS application is pending. However, once outside of the country, you may not be able to continue working on projects or for companies that are based solely in the United States.

Your employment outside of the country may also affect your residency requirements for naturalization. Generally, if an alien has taken up residence in another country during their Green Card processing period they may have difficultly satisfying physical presence requirement for naturalization.

Additionally, accepting employment outside of the United States may cause issues with maintaining lawful permanent resident status and potentially delay or halt progress towards naturalization.

It is recommended that you consult with an immigration attorney before making any decisions regarding employment or travel outside of the United States during your AOS application process.

8. Are there any age restrictions for AOS applications based on the Visa Bulletin?

No, there are no age restrictions for AOS applications based on the Visa Bulletin. However, individuals must meet the eligibility requirements for the specific category they are applying under (e.g. employment-based, family-sponsored) and may need to provide additional documentation if they are under 21 years of age.

9. What happens if my priority date retrogresses after I have already filed for AOS?

A retrogression occurs when the demand for immigrant visas in a particular category exceeds the supply. If your priority date retrogresses after you have already filed for Adjustment of Status (AOS), this means that there are no longer enough available immigrant visas for your priority date to become current. In this case, your AOS application will remain pending until your priority date becomes current again. This may result in a delay in receiving an approved green card. You should continue to monitor the visa bulletin to see when your priority date becomes current again, and be prepared to provide any additional information or documentation requested by USCIS during this time.

10. Can I include my spouse and children in my AOS application?

Yes, you can include your spouse and children in your AOS application as dependents if they are also eligible to adjust their status. This means they must be physically present in the United States with a valid nonimmigrant visa or be an immediate relative (spouse or unmarried child under 21) of a US citizen. If they do not meet these criteria, they may need to file a separate immigration petition. It is recommended to seek the assistance of an immigration lawyer for proper guidance on including dependents in your AOS application.

11. What is the difference between filing concurrently and filing when the priority date becomes current?

Filing concurrently means that both the I-130 petition and the Adjustment of Status application (Form I-485) are filed at the same time. This is typically done when the beneficiary is already present in the United States and is eligible to adjust their status to a permanent resident without leaving the country.

On the other hand, filing when the priority date becomes current refers to filing for an immigrant visa (through consular processing) or adjustment of status after the beneficiary’s priority date becomes current, meaning that a visa in their category and country of origin is available. This often happens when the beneficiary is outside of the United States or ineligible for adjustment of status.

The process and requirements differ between these two options, so it is important to consult with an immigration attorney to determine which option is best for your specific situation.

12. Do I need to have a job offer to apply for AOS through employment-based categories?

No, it is not necessary to have a job offer in order to apply for adjustment of status (AOS) through employment-based categories. However, having a job offer may strengthen your case and improve your chances of approval. Additionally, certain employment-based categories require a job offer as part of the eligibility criteria, so it is important to check the specific requirements for the category you are applying under.

13. If my employer changes while my AOS application is pending, do I need to notify USCIS?

Yes, you must notify USCIS of any changes in your employment while your AOS application is pending. This includes changes in job title, job duties, location, or employer. You may need to submit a new Form I-485 and supporting documents to reflect the updated information. It is important to keep USCIS informed of any changes so that they can properly adjudicate your case. Failure to report changes in employment may result in delays or denial of your application.

14. Are there any reasons why my AOS application could be denied after initially being approved by USCIS?

Yes, there are several reasons why an AOS application could be denied after initial approval by USCIS:

1. Failure to meet the eligibility requirements: Once your application is approved initially, USCIS may conduct a thorough review of your application to ensure that you meet all the eligibility criteria. If it is found that you do not meet the requirements or have provided false information, your application can be denied.

2. Inadmissibility: USCIS may also deny your AOS application if you are deemed inadmissible for certain reasons such as criminal convictions, previous immigration violations, or health-related issues.

3. Failure to attend required appointments/interviews: After initial approval, USCIS may schedule additional appointments or interviews for further verification. If you fail to attend these required appointments and do not provide a valid reason for missing them, your application could be denied.

4. Missing documents: If you fail to submit all the required supporting documents with your AOS application or if any of the submitted documents are incomplete or incorrect, your application could be denied.

5. Priority date retrogression: In certain situations, if there is a high demand for visas than available numbers in a particular category, the priority date for that category can become retrogressed. This means that even if your AOS is approved initially, it could be denied later on if there were not enough visa numbers available at the time of final decision.

6. Changes in circumstances: If there have been any significant changes in your circumstances since you filed your AOS application (such as marriage fraud), USCIS may revisit and deny your initial approval.

7. Denial of underlying visa petition: Your AOS application can also be denied if the underlying visa petition (such as family-based or employment-based) has been revoked or denied by USCIS or the Immigration Judge.

Overall, it is important to carefully review and understand all the eligibility requirements and keep up with any changes in circumstances during the AOS process to avoid any potential denials.

15. What happens if I am unable to attend my scheduled biometrics appointment for my AOS application?

If you are unable to attend your scheduled biometrics appointment for your AOS application, you should immediately contact USCIS and request to reschedule. Failure to appear for your biometrics appointment could result in delays or even denial of your application. It is important to provide a valid reason for missing the appointment, such as illness or a family emergency. USCIS will consider rescheduling your appointment, but it ultimately depends on their discretion and availability of appointments at the nearest biometrics center.

16. Do I need a lawyer to help me with my AOS application based on the Visa Bulletin?

No, you do not necessarily need a lawyer to help you with your AOS application based on the Visa Bulletin. However, it can be helpful to consult with an immigration lawyer for guidance and assistance throughout the process, especially if you have a complex case or any prior legal issues that may affect your application. Additionally, if your application is denied, an immigration lawyer can help you appeal the decision and represent you in court.

17. What should I do if there are discrepancies or errors in my AOS application?

If you notice discrepancies or errors in your AOS application, it is important to address them as soon as possible. Here are some steps you can take to correct any mistakes:

1. Review your application carefully: Before taking any other action, thoroughly review your AOS application to identify any errors or discrepancies.

2. Contact USCIS: If you find an error or discrepancy, contact USCIS immediately to inform them of the mistake. You can call their customer service line at 1-800-375-5283 or submit a request through their online portal (https://egov.uscis.gov/e-request/displayEmailForm.do).

3. Explain the error: When contacting USCIS, be sure to explain the error and provide any necessary documentation or evidence that supports the correction.

4. Submit an amendment: Depending on the nature of the error, you may need to submit an amended version of the form with the corrected information included. Make sure to follow all instructions provided by USCIS for submitting amendments.

5. Seek legal assistance: If you are unsure how to correct an error or if you encounter difficulties in the process, it may be helpful to consult with a lawyer who specializes in immigration law.

6. Keep records: Throughout this process, it is important to keep detailed records of all communication with USCIS and any submitted documents relating to your AOS application.

7. Be honest and cooperative: It is crucial that you are honest about any mistakes made on your AOS application and cooperate with USCIS in correcting them. Failure to do so may result in delays or denials of your application.

Overall, it is important to act quickly and decisively when addressing discrepancies or errors in your AOS application in order to avoid potential complications and ensure a smooth process.

18. If I have a criminal record, can I still apply for AOS through family-based categories?

It depends on the nature of the criminal record. If you have committed certain crimes, it may make you inadmissible for immigration purposes and affect your ability to apply for AOS. It is important to consult with an immigration attorney to assess your situation and determine your eligibility for AOS.

19. Can I adjust my status if I entered the US illegally?
In most cases, individuals who entered the US without inspection (i.e. illegally) are not eligible to adjust their status through family-based categories. However, there are exceptions such as entering under the Visa Waiver Program, or being an immediate relative of a US citizen. It is best to consult with an immigration attorney to evaluate your specific case.

20. How long does it take to get a decision on my adjustment of status application?
The processing time for AOS applications varies depending on multiple factors, including your local USCIS office’s workload and any additional documentation or interviews required. On average, it can take 8-14 months for USCIS to make a decision on an AOS application.

19. Will applying for a waiver affect my eligibility for adjustment of status?

It depends on the specific reasons for the waiver and your individual circumstances. Generally, applying for a waiver should not affect your eligibility for adjustment of status, but it is important to consult with an immigration attorney to assess your unique situation.

20.Do I need to maintain legal status in order to file for adjustment of status through employment-based categories?

Yes, you must be in valid immigration status at the time of filing for adjustment of status through employment-based categories. This means that if your nonimmigrant status (such as H-1B, L-1, etc.) is expiring soon, you will need to either apply for an extension or change to a different nonimmigrant status before your adjustment of status can be approved. Additionally, if you entered the U.S. unlawfully (without inspection) and have not been granted a waiver or other form of relief, you may not be eligible to file for adjustment of status through employment-based categories.