Adjustment of Status (AOS) is the process that allows certain individuals who are physically present in the United States to apply for lawful permanent resident status (a green card) without having to leave the U.S. to attend an immigrant visa interview abroad.
For many applicants, adjustment of status offers important advantages:
Not everyone qualifies for adjustment of status, and eligibility depends on factors such as your manner of entry, immigration history, criminal history, visa category, and any periods of unlawful presence.
You may be eligible to apply for adjustment of status if you fall into one of the following categories:
Eligibility depends on several factors, including:
Immediate relatives of U.S. citizens often have more flexibility, but we evaluate each case carefully because every case is different. A consultation can help determine whether adjustment of status is available or whether consular processing may be required.
Many adjustment applications involve issues that require careful legal analysis, including:
Some individuals may have overstayed a visa or otherwise fallen out of status. Depending on the circumstances, adjustment may still be available.
Unauthorized employment, prior visa overstays, misrepresentation concerns, and prior removal proceedings can affect eligibility.
Even relatively minor criminal issues can create complications during the green card process.
When we represent clients in adjustment of status matters, we assist with:
Consular Processing is the process of obtaining an immigrant visa through a U.S. embassy or consulate outside the United States.
This process is commonly used when:
Consular Processing typically involves several steps, including petition approval, National Visa Center (NVC) processing, submission of civil documents and financial sponsorship forms, a medical examination, and an interview at a U.S. embassy or consulate.
Depending on the circumstances, additional issues may need to be addressed, including prior unlawful presence, waivers of inadmissibility, administrative processing, or other immigration-related concerns.
Not everyone seeking a green card will complete the same process. Some individuals may be eligible to apply for adjustment of status while remaining in the United States, while others may need to complete immigrant visa processing through a U.S. embassy or consulate abroad.
Adjustment of status is often available to individuals who are physically present in the United States and meet the eligibility requirements under U.S. immigration law. Consular processing is typically used when the beneficiary is outside the United States or is otherwise not eligible to adjust status. However, some individuals who are currently in the U.S., may need to leave the U.S. for consular processing, and are not eligible to file for adjustment of status. In some cases, individuals who are in the U.S., but have to leave for consular processing, they may also need to apply for a waiver to address any unlawful presence issues or other immigration violations.
Determining which option is available, and which option makes the most sense, depends on factors such as immigration history, manner of entry, visa availability, and unlawful presence issues. Before filing, it is important to understand the advantages, risks, and requirements associated with each process.
Processing times vary depending on the type of case, USCIS workload, and the field office handling the application. Some cases may be completed within several months, while others can take significantly longer. USCIS processing times can change frequently, so it is important to review the most current information available.
Many applicants may apply for employment authorization while their adjustment of status application is pending. Once approved, the Employment Authorization Document (EAD) may allow the applicant to work legally in the United States while waiting for a decision on the green card application.
Traveling outside the United States while an adjustment of status application is pending can have serious consequences. In many situations, applicants should obtain Advance Parole before departing the United States. Whether travel is permitted depends on the individual's immigration status and circumstances, so it is important to seek legal guidance before making travel plans.
Possibly. Certain individuals, including many immediate relatives of U.S. citizens, may still be eligible to adjust status despite a visa overstay. However, eligibility depends on the specific facts of each case, including how the person entered the United States and whether the person may have any other immigration violations.
A Request for Evidence (RFE) means USCIS needs additional information before making a decision on the application. The RFE will state the evidence being requested by USCIS and provide a deadline for responding. A timely and complete response is important because failure to respond properly may result in a denial.
Many adjustment of status applicants are required to attend an interview with USCIS. During the interview, an officer reviews the application, verify eligibility, and ask questions about the applicant's background and immigration history. Marriage-based applicants are also be asked questions about their relationship and supporting evidence.
We take the time to understand each client’s situation and explain options clearly. We do not approach immigration cases as just form filling. There is a lot more to ensuring that cases are filed correctly, and we work with you to make sure we do it in a way that minimizes risk and avoids delays where possible.
Whether you are seeking a green card through a family member, an employer, Adjustment of Status, or Consular Processing, Green Immigration can help you evaluate your options and understand the process.
Contact our office today to schedule a consultation and discuss your path toward lawful permanent residence in the United States.
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