Status Setting: Time - 50 min
Status Setting: Time - 50 min
Adjustment of Status (AOS) is a procedure for foreign nationals already in the United States to apply to become legal permanent residents and obtain a Green Card. This process allows applicants to obtain the Green Card without having to return to their home country. However, if the person is outside the US, they must follow a different process called consular processing.
Who can apply for Adjustment of Status? To be eligible, the applicant must:
1. Be physically in the United States.
2. Have entered the country legally.
3. Have an available immigrant visa.
Family relationships that qualify for the Green Card: A US citizen or resident
permanent can require certain family members to obtain a Green Card.
The process begins with the submission of Form I-130, which is a petition for a foreign relative.
Categories of family members that may apply:
• Immediate family members.
• Preferred family members.
Note: US citizens can also bring their fiancés and their children to the US to
get married, starting the process with Form I-129F.
Forms required for Adjustment of Status:
Eligible applicants must submit Form I485. Immediate family members may submit this form at any time if they meet the requirements. Sometimes they can file the I-485 along with the I-130, which is known as concurrent filing.
Forms commonly included in the application package are:
• I-485: To register permanent residence or adjust status.
• I-130: Petition for a foreign relative.
• I-130A: Biographical information (for spouses).
• I-864: Affidavit of sponsorship.
• I-693: Medical examination and immunization record.
• I-765: Employment authorization (optional).
• I-131: Travel document (optional).
It is important that the applicant maintain their eligibility throughout the process, as any change in their situation may affect the outcome of the application. Only a limited group of people, such as immediate family members, refugees, asylees, and some workers with specific visas, can use this process to
obtain the Green Card.
Can I work or travel outside the US while adjusting my status?
As a permanent resident in process, you have the right to work in the US and use the Green Card to re-enter the country after short trips of less than a year in duration. While you wait for your Green Card, you can apply for a work permit and travel authorization.
There are government fees for these benefits.
Work permit
If you have applied to adjust your status with Form I-485, you can request a permit to
work with Form I-765. If you submit them together, you may receive a response faster. USCIS may take 3-6 months to issue the permit, which is valid for one year and renewable. There is no fee for this permit if you apply for it along with the I-485.
Working without a permit can affect your Green Card eligibility.
Travel Permit If you need to travel while your Form I-485 is pending, you must request a travel document with the
Form I-131. You must obtain this document before leaving the US, since if you leave without it,
USCIS may assume that you have abandoned your application.
This permit does not ensure your re-entry to the US; You will still be subject to inspection upon arrival.
Process Time After applying, you will receive an appointment to take your biometric data. You may then need to attend an interview to confirm your information and check if you are still eligible. The interview
It is usually brief.
The entire process can take 8 to 14 months. To expedite it, make sure you send all the necessary documents.
Advantages of Adjustment of Status Although it may be slower than the consular process, it allows you to stay in the US with your family, avoiding expenses and separations.
Additionally, you can work and travel with additional permits.
If USCIS denies your application, you can appeal the decision, unlike consular decisions, which are final.