U.S. Immigrant Visa for Non-Immigrant Status Holders (Adjustment of Status)

1. How do I apply for an immigrant visa?


If you want to apply for an immigrant visa, you must first submit Form DS-260, Immigrant Visa Electronic Application. This form is available online, and must be completed and submitted electronically. After completing the form, you must submit the required documents, such as your passport, birth certificate, police certificates, medical exam results, financial documentation, and other documents as instructed. Once your application is complete and submitted, you will be contacted by the U.S. Embassy or Consulate to participate in an interview with a consular officer. The interview is used to determine your eligibility for an immigrant visa.

2. What documents do I need to submit with my application?


When applying for a visa, it is important to provide all the necessary documents as per the requirements of the particular visa you are applying for. Common documents that you may need to submit include valid passport, biometric information, photograph, travel tickets, educational certificates, proof of financial means, and other documents related to the purpose of the visa. Each visa application is unique and you should check with your local embassy or consulate for specific requirements.

3. What are the eligibility requirements for an immigrant visa?


The applicant must demonstrate that they are admissible to the United States, meaning they are not inadmissible according to the Immigration and Nationality Act. The applicant must also show that they have a qualifying relationship to a United States citizen or lawful permanent resident, such as a spouse, parent, or child. Additionally, the applicant must demonstrate that they have sufficient financial resources for their support in the United States. Finally, the applicant must be able to demonstrate that they are not inadmissible for public charge, health-related, or security-related reasons.

4. How long does the process take?


The entire process can take anywhere from a few weeks to a few months, depending on the particular situation.

5. How much will the fees be?


The fees will vary based on the specific services required.

6. What is the difference between an immigrant visa and a nonimmigrant visa?


A nonimmigrant visa allows a foreign citizen to enter the United States on a temporary basis, usually for travel or business purposes. An immigrant visa is required for those wishing to live in the United States permanently. Immigrant visas are subject to much more strict requirements and rules than nonimmigrant visas.

7. What is the Adjustment of Status process?


Adjustment of status is the process of applying for permanent residency in the United States from within the United States. This process is typically available to people who are already present in the US and are eligible for a green card. The process requires the filing of Form I-485, Application to Register Permanent Residence or Adjust Status, and must be filed with U.S. Citizenship and Immigration Services. The application must include supporting documents such as proof of eligibility, financial stability, and criminal history. During this process, applicants may also be required to attend an interview with a USCIS officer. After successful completion, the individual will receive their permanent residency card or green card.

8. What are the eligibility requirements for Adjustment of Status?


To be eligible to adjust your status, you must meet the following criteria:

1. You must have been inspected and admitted or paroled into the United States.

2. You must be eligible to receive an immigrant visa and be admissible to the United States.

3. An immigrant visa must be immediately available to you at the time of filing your application.

4. You must be physically present in the United States at the time of filing your application and at the time of the adjudication of your application.

5. You must be in lawful status at the time of filing your application and continuously maintained lawful status since then.

6. You must have an approved petition that classifies you as an immediate relative or a preference category immigrant.

9. How do I file an application for Adjustment of Status?


To file an application for Adjustment of Status, you must submit Form I-485, Application to Register Permanent Residence or Adjust Status. You will also need to submit supporting documents and the filing fee.

10. How long does it take to get approval for Adjustment of Status?


The amount of time that it takes to get approval for Adjustment of Status varies depending on the individual’s circumstances. The U.S. Citizenship and Immigration Services (USCIS) estimates that the average processing time is 8 to 14 months. It is also important to note that the process could take longer if there are any issues with the application, such as missing documents or incorrect information.

11. What documents do I need to submit with my application for Adjustment of Status?


You will need to submit Form I-485, Application to Register Permanent Residence or Adjust Status; Form I-130, Petition for Alien Relative; Form I-864, Affidavit of Support; Form I-765, Application for Employment Authorization; Form I-131, Application for Travel Document; two passport photos; a copy of your passport data page; a copy of the birth certificate of the U.S. citizen relative; evidence of any name changes; copies of all visas you have ever used to enter the U.S.; and evidence that you have maintained lawful status in the U.S.

12. What are the fees associated with Adjustment of Status?


The fees associated with Adjustment of Status include:
* Form I-485 Application to Register Permanent Residence or to Adjust Status: $1,140
* Form I-765 Application for Employment Authorization: $410
* Form I-131 Application for Travel Document: $575
* Biometrics Fee: $85
* Medical Exam Fee (if required): Varies by doctor
* Affidavit of Support Fee (if applicable): $88

13. Are there any filing deadlines associated with Adjustment of Status?


Yes. Applicants must submit all necessary forms and supporting documents to USCIS within 90 days of their Adjustment of Status interview.

14. What are the consequences of misrepresentation or fraud while filing an application for Adjustment of Status?


The consequences of misrepresentation or fraud while filing an application for Adjustment of Status can include denial of the application, fines and/or imprisonment, and possible removal (deportation) proceedings. Additionally, if the individual has already been granted adjustment of status based on a fraudulent application, they could have their permanent resident status revoked.

15. When will I be able to travel after successfully adjusting my status?


You should be able to travel within two to three weeks after you have successfully adjusted your status. However, it is important to note that you will need to wait until U.S. Citizenship and Immigration Services (USCIS) has issued you a new Form I-551, also known as a green card, before you will be allowed to leave the country.

16. Are there any restrictions on employment after adjustment of status?


Yes, some restrictions on employment after adjustment of status do exist. For example, individuals who have adjusted their status based on employment-based petitions may face restrictions on their ability to change employers. Additionally, individuals with certain temporary immigration statuses, such as H-1B and L-1A, may also face restrictions when it comes to changing employers.

17. Are there any restrictions on international travel after adjustment of status?


Yes, after an adjustment of status, there are restrictions on international travel. An individual with an approved application for Adjustment of Status (AOS) must submit a Form I-131, Application for Travel Document, in order to obtain travel authorization. An individual must obtain advance parole before leaving the United States, or risk losing the application for adjustment of status. The advance parole travel document allows an individual to temporarily leave the United States and return without abandoning their AOS application.

18. Is it possible to extend or renew my status if approved for adjustment of status?


Yes, it is possible to extend or renew your status if approved for adjustment of status. You can apply for an extension or renewal of your status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

19. Can I obtain permanent residency in the U.S. after adjustment of status?


Yes, you can obtain permanent residency in the U.S. after adjustment of status. After filing Form I-485 (Application to Adjust Status) and having it approved, you will be granted permanent residency status in the U.S. This is also known as a green card.

20. What happens if my application for adjustment of status is denied?


If your application for adjustment of status is denied, you will be given written notice of the denial and the reason for it. You may be allowed to appeal the decision or may be returned to your home country by the Department of Homeland Security.