Adjustment of Status Process for Employment-Based Immigrants

1. What is the Adjustment of Status Process for Employment-Based Immigrants?


The Adjustment of Status Process for Employment-Based Immigrants is a process that allows eligible foreign nationals who are already in the United States to apply for permanent residence (a green card) without having to return to their home country. It is a multi-step process that requires the applicant to file multiple forms, provide documents, submit to biometrics, attend an interview, and pay fees. The process can take anywhere from six months to several years depending on the specific category of the applicant and current processing times.

2. What is the general timeline for processing an Adjustment of Status (AOS) application?


The general timeline for processing an Adjustment of Status (AOS) application depends on the individual case and the current backlog of applications at the USCIS. Generally, the USCIS can take anywhere from 6 to 12 months to process an AOS application.

3. What documents do I need to submit when filing an AOS application?


When filing an AOS (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-693, Report of Medical Examination and Vaccination Record
3. Form I-864, Affidavit of Support
4. Evidence of your relationship to the petitioner
5. Birth Certificate
6. Marriage Certificate (if applicable)
7. Employment Authorization Document (EAD)
8. Passport Photos
9. Proof of Tax Payment (Form W-2, 1040, etc.)
10. Copies of Passport Pages (including the page with the nonimmigrant visa stamp) and Copies of all I-94s (Arrival/Departure Records).

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


Adjustment of status (AOS) is a process available to certain foreign nationals who are already in the United States. In order to apply for AOS, a foreign national must:

1. Have a valid immigrant category (e.g. family-based, employment-based, refugee/asylee, etc.).

2. Be admissible to the United States.

3. Have a valid entry into the United States (if applicable).

4. Meet all other eligibility criteria outlined by USCIS.

5. What steps are required to complete the AOS process?


1. Request an AOS application packet from the U.S. Citizenship and Immigration Services (USCIS).
2. Complete and submit the application forms and required documentation with the applicable filing fee.
3. Attend an in-person interview at a USCIS local office.
4. Complete a medical examination and provide any vaccinations required by USCIS.
5. Receive a decision from USCIS on your application.
6. If approved, attend an oath ceremony to be sworn in as a lawful permanent resident of the United States.

6. Are there any filing fees associated with an AOS application?


Yes, there are filing fees associated with an AOS application. The fees for the I-485 form, biometrics, and related forms vary based on the applicant’s age and current immigration status.

7. What happens after my AOS application is approved?


After your AOS application is approved, you will receive your Permanent Resident card (aka green card). This card will be valid for 10 years, after which you will need to renew.

8. Can my dependents also apply for Adjustment of Status with me?


Yes, your dependents (such as your spouse and unmarried children under 21 years of age) may apply for an Adjustment of Status at the same time as you.

9. Are there any restrictions or limitations on who can accompany me during my Adjustment of Status interview?


Yes. Generally, only applicants and their attorneys are allowed to enter the interviewing facility. If the applicant is a minor, a parent or legal guardian who is also listed on the application may accompany them as well. All interviewees must also provide valid identification documents.

10. How will I be notified if my AOS application is successful or denied?


If you submit your AOS application online, you will receive a notification via email once your application has been approved or denied.

11. Is there a time limit to file an AOS application after an immigrant petition is approved by the USCIS?


There is no specific time limit to file an AOS application after an immigrant petition is approved by the USCIS. However, those who are applying for adjustment of status should ensure that all of the required documentation is in order prior to filing, as well as making sure that all necessary fees and forms are submitted in a timely manner. Additionally, it is important to note that filing for adjustment of status before the immigrant petition has been approved by the USCIS is not allowed.

12. Are there any medical requirements that must be met before filing an Adjustment of Status application?


Yes. An applicant for adjustment of status must meet certain medical requirements before filing an application. These requirements include vaccination requirements, and a physical examination conducted by a doctor designated by the U.S. Citizenship and Immigration Services (USCIS). The doctor will check for certain medical conditions and diseases that are considered inadmissible to the United States.

13. Do I need an attorney or other legal representation in order to file for Adjustment of Status?


No, you do not need an attorney or other legal representation to file for Adjustment of Status. However, it is highly recommended that you seek professional legal advice when filing for Adjustment of Status as the process can be complex and the requirements can vary from case to case.

14. Can I adjust my status if I am in removal proceedings?


Yes, you may be able to adjust your status if you are in removal proceedings. However, the process can be complicated and difficult, and you should consult with an experienced immigration attorney for advice.

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


Yes, you may travel outside of the United States while your AOS application is pending. However, you must make sure you have the proper travel documents (advance parole or a valid visa) before you leave the United States. If you do not, you may not be allowed back into the United States. Additionally, if your AOS application is still pending when you attempt to re-enter the United States, you may be denied admission.

16. If I am a conditional permanent resident, what forms do I need to submit for removal of conditions on my permanent residence status?


You would need to submit Form I-751, Petition to Remove Conditions on Residence. You’ll also need to include the filing fee, copies of evidence proving a valid marriage, and any additional required documents (such as copies of divorce or death certificates).

17. Can I change my job or employer before or after the AOS process is complete?


You may change your job and/or employer before or after the AOS process is complete. However, you should consult with an immigration attorney to ensure that any changes do not affect your eligibility for the AOS.

18. What if I miss a deadline or appointment related to the Adjustment of Status process?


If you miss a deadline or appointment related to the Adjustment of Status process, you may be subject to deportation proceedings. Depending on the specifics of your case, a judge may decide to grant you an extension or waiver for missing the deadline or appointment. However, it is important that you contact an experienced immigration attorney as soon as possible to discuss your situation and explore potential legal options.

19. Is employment authorization automatically granted when filing an Adjustment of Status application?


No, employment authorization is not automatically granted when filing an Adjustment of Status application. However, applicants can typically file an application for employment authorization with their Adjustment of Status application. If the applicant is approved, they will receive an Employment Authorization Document (EAD) that will allow them to legally work in the United States.

20. Are there any special considerations or benefits available to certain categories of applicants, such as asylum seekers and victims of crime (U visa holders)?


Yes, some jurisdictions offer special considerations or benefits to certain categories of applicants, such as asylum seekers and victims of crime (U visa holders). For example, some states grant asylum seekers driver’s licenses regardless of their immigration status and some jurisdictions provide in-state tuition to U visa holders. It is important to check the specific laws of the jurisdiction to determine what benefits may be available.