Navigating the path to lawful permanent residency in the United States often involves the Adjustment of Status process, a crucial step for individuals already present in the country on a non-immigrant visa or through other qualifying circumstances. Understanding the Adjustment of Status process, its timeline, and associated fees is essential for applicants seeking to transition to permanent residency.
In this article, we’ll explore the Adjustment of Status process in detail, providing insights into the steps involved, the typical timeline, and the fees applicants can expect to encounter along the way.
What Is Adjustment of Status?
Adjustment of Status (AOS) is a process that allows certain non-immigrants already present in the United States to apply for lawful permanent residency, commonly known as a Green Card, without having to leave the country to obtain an immigrant visa through consular processing. Essentially, it enables eligible individuals to adjust their immigration status from non-immigrant to immigrant while remaining in the United States.
AOS is available to individuals who meet specific eligibility criteria outlined by U.S. Citizenship and Immigration Services (USCIS), such as immediate relatives of U.S. citizens, certain family members of lawful permanent residents, employment-based immigrants, diversity visa lottery winners, refugees, and asylees. By completing the Adjustment of Status process, applicants can obtain a Green Card, granting them lawful permanent residency and allowing them to live and work permanently in the United States.
Who Is Eligible to File for Adjustment of Status?
Several categories of individuals may be eligible to file for Adjustment of Status (AOS) in the United States, depending on their immigration status and circumstances. Here are some common eligibility categories:
Immediate Relatives of U.S. Citizens
- Spouses, unmarried children under 21 years old, and parents of U.S. citizens are eligible to apply for AOS without having to wait for a visa to become available. There are no numerical limits on the number of visas issued to immediate relatives.
Family-Based Preference Categories
Some relatives of citizens and lawful permanent residents of the United States may be eligible to apply for AOS based on family preference categories, including:
- First Preference (F1): Unmarried sons and daughters of U.S. citizens.
- Second Preference (F2): Spouses, unmarried children (under 21), and unmarried sons and daughters (21 or older) of lawful permanent residents.
- Third Preference (F3): Married sons and daughters of U.S. citizens.
- Fourth Preference (F4): Brothers and sisters of adult U.S. citizens.
Employment-Based Immigrants
- Individuals with approved immigrant petitions in employment-based preference categories (EB-1, EB-2, and EB-3) may be eligible to apply for AOS if a visa number is immediately available to them according to the Visa Bulletin.
Diversity Visa Lottery Winners
- Individuals selected in the Diversity Visa (DV) Lottery program, also known as the Green Card Lottery, may be eligible to apply for AOS if they meet all eligibility requirements and are within the allocated visa numbers for their region and country.
Refugees and Asylees
- Refugees and asylees who have been granted asylum or refugee status in the United States may be eligible to apply for AOS one year after being granted asylum or refugee status.
Special Immigrant Categories
- Certain special immigrants, such as religious workers, special immigrant juveniles, certain international broadcasters, and employees of certain U.S. government agencies abroad, may be eligible to apply for AOS.
Other Eligible Categories
- Other eligible categories for AOS include individuals granted parole status, U visa holders (victims of certain crimes who have cooperated with law enforcement), and certain individuals with approved VAWA (Violence Against Women Act) self-petitions.
Individuals need to review the specific eligibility requirements for their immigration category and consult with an immigration attorney or accredited representative for personalized guidance on filing for Adjustment of Status. Additionally, eligibility criteria may change, so it’s essential to refer to the most up-to-date information provided by U.S. Citizenship and Immigration Services (USCIS).
How To File Adjustment of Status
Filing for Adjustment of Status (AOS) is a process through which certain individuals in the United States can apply for lawful permanent resident status (a green card) without having to return to their home country for an immigrant visa interview. Here are the general steps to file for Adjustment of Status:
Determine Eligibility
Ensure that you are eligible to apply for Adjustment of Status. Generally, you may be eligible if you are currently in the United States and meet certain criteria, such as being an immediate relative of a U.S. citizen, being the beneficiary of an approved immigrant petition, being a refugee or asylee, etc. Each category has specific requirements, so make sure you qualify before proceeding.
Prepare Forms
The main form you will need to file is Form I-485, Application to Register Permanent Residence or Adjust Status. Depending on your situation, you may also need to file additional forms, such as Form I-130 (Petition for Alien Relative), Form I-864 (Affidavit of Support), Form I-765 (Application for Employment Authorization), and/or Form I-131 (Application for Travel Document). You can download these forms from the official website of U.S. Citizenship and Immigration Services (USCIS).
Gather Supporting Documents
Along with the forms, you will need to submit various supporting documents, such as proof of identity, birth certificate, passport-style photos, marriage certificate (if applicable), evidence of lawful entry into the United States, medical examination report, financial documents (if required), etc. Make sure to carefully review the instructions for each form to determine the specific documents needed for your case.
Prepare Fees
There are filing fees associated with each form you submit. The fees can vary depending on the forms you are filing and your age. Check the USCIS website for the most up-to-date fee information.
Submit Application Package
Once you have completed all the necessary forms and gathered the required documents, you can submit your application package to USCIS. Make sure to double-check everything to avoid delays or rejection.
Biometrics Appointment
After USCIS receives your application, you will be scheduled for a biometrics appointment, where your fingerprints, photograph, and signature will be taken for background checks.
Interview (if required)
Depending on your specific case, you may be required to attend an interview at a USCIS office. During the interview, an immigration officer will review your application and ask you questions to verify the information provided.
Receive Decision
After completing all necessary steps, USCIS will decide on your application. If approved, you will receive your green card in the mail. If denied, you will receive a written explanation of the reasons for the denial and information on how to appeal the decision (if applicable).
It’s essential to follow the instructions provided by USCIS carefully and seek legal advice if you have any questions or concerns about the Adjustment of Status process.
How Long Does it Take To Receive a Judgment About Adjustment of Status?
The processing time for Adjustment of Status (AOS) applications can vary significantly depending on various factors such as the USCIS workload, the specific immigration category you are applying under, your location, and whether any additional processing steps are required (such as an interview).
USCIS typically provides estimated processing times for different types of applications on its website. These processing times could range from several months to over a year.
To get the most accurate and up-to-date information on processing times for Adjustment of Status applications in 2024, you should check the USCIS website. USCIS regularly updates its processing times and may also provide information on current processing times through the USCIS Case Processing Times webpage or the USCIS Processing Times Information.
Additionally, USCIS sometimes provides estimates for processing times based on the specific field office or service center handling your application. It’s essential to keep in mind that these processing times are just estimates and actual processing times may vary.
If your case is outside the normal processing time, you can also inquire about the status of your application by contacting USCIS directly, either by phone or through their online inquiry system.
Lastly, certain immigration categories or situations may qualify for expedited processing under certain circumstances, such as humanitarian reasons or employment-related needs. If you believe your case qualifies for expedited processing, you may submit a request to USCIS along with supporting documentation.
What Are the Fees for an Adjustment of Status?
The fees for Adjustment of Status (AOS) applications are as follows:
Form I-485, Application to Register Permanent Residence or Adjust Status
The filing fee for Form I-485 depends on the applicant’s age and whether they were filing as the principal applicant or as a dependent. As of 2024, the fees is $1,440 for most applicants, with reduced fees for children under a certain age.
Biometric Services Fee
In addition to the Form I-485 filing fee, applicants aged 14 to 78 were required to pay a separate biometric services fee of $85.
Form I-130, Petition for Alien Relative
If you are required to submit Form I-130 along with your Form I-485, there is a separate filing fee. As of 2024, the fee for Form I-130 was $675.
Optional Forms
If you choose to submit Form I-765, Application for Employment Authorization, and/or Form I-131, Application for Travel Document (Advance Parole), along with your Form I-485, you will need to pay separate filing fees for each of these forms. As of 2024, the fee for Form I-765 is $520, and the fee for Form I-131 is $630 for most applicants.
It’s essential to check the USCIS website or consult with an immigration attorney for the most up-to-date fee information before submitting your application. Additionally, USCIS may offer fee waivers or exemptions for certain applicants based on their financial circumstances.
Solved: Adjustment of Status in the U.S.
Adjustment of Status offers a pathway for eligible individuals already in the United States to obtain lawful permanent resident status without leaving the country. While the process can be complex and varies based on individual circumstances, understanding the requirements and diligently completing the necessary steps can lead to achieving permanent residency and realizing one’s American dream.