The process by which an immigrant already present in the country files to be a permanent citizen and receive a green card is known as adjustment of status (AOS). Your rights and privileges in America will significantly expand once you obtain a green card. A green card lottery is the ultimate aim of some immigrants’ journey to the United States, while it may be merely the first step on the road to citizenship for others.
One of the two alternatives for obtaining a green card is the adjustment of status, along with consular procedures. The main distinction between adjustment of status and consular processing is that, while consular processing is the process for people seeking resident status while outside of the United States, AOS is typically how you can receive your permanent residency if you are already in the country. Both these processes are not easy, so you need immigration law attorneys on your side to handle the situation.
Form Required for Adjustment of Status
You need to submit Form I-485 when you request to change your status. The candidate, not their sponsor, must fill out the adjustment of status form. You must submit Form I-485 to the United States Citizenship and Immigration Services after completing it (USCIS).
Who Should Submit a Green Card Request?
You must fulfil specific requirements in order to qualify for a status adjustment. As long as they complete the other qualifying standards, direct family members, asylum seekers, refugees, and people in the united states for work are often all able to change their status to legal residents.
- Being present in person within the United States
- An authorized immigration status
- Obtain Form I-130 / Form I-140 permission if you are not filing concurrently.
- Wait at least a year if you are a refugee/asylum seeker in the united states.
- Possess the requirements to qualify for status adjustment under Section 245(i) of the Immigration and Nationality Act (INA)
- Fulfil the particular additional eligibility conditions for the category of green card you are requesting
Advantages of Adjustment Of Status
Applying for AOS has benefits that include:
- The opportunity to continue to have lawful status while your application for status adjustment is being processed
- The choice to submit your AOS application simultaneously with a green card petition for a close relative as well as the top, middle, and third preference categories depending on employment.
- Opportunity to apply for a document permitting you to work in the US while your request for permanent residence status is being handled
- The right to appeal if your application for a change of status is rejected
Process Of AOS Application
You must follow and complete a series of steps in order to request a change of status. Even if everything goes correctly, the status adjustment procedure can take some time. In order to minimize unnecessary delays, it is imperative that you submit all essential papers accurately and on time.
How to Check Your Application’s Status
Following the receipt of your application, USCIS will email you a receipt notification with a case number that you can use to access your application online. You can see the progress of your application here if there have been any updates.
