What is Adjustment of Status?

Adjustment of Status (AOS) is a process that allows eligible individuals in the United States to apply for a green card (lawful permanent residency) without leaving the country to complete visa processing at a U.S. embassy or consulate abroad. It involves filing Form I-485 with U.S. Citizenship and Immigration Services (USCIS) and is available to those who entered the U.S. legally and meet the requirements for a specific green card category, such as family-sponsored, employment-based, or humanitarian categories. Applicants can often file for work authorization and travel permission while their application is pending. Unlike consular processing, which requires an interview abroad, AOS allows applicants to remain in the U.S. and attend an in-person USCIS interview locally. The process provides significant benefits, including the ability to work and travel during the application period. However, certain ineligibility factors, such as immigration violations or criminal records, may apply, although some waivers are available. If approved, the applicant becomes a lawful permanent resident and receives their green card.

Benefits of Adjustment of Status

Adjustment of Status (AOS) offers several advantages for individuals seeking to obtain a green card while already in the United States. One of the primary benefits is the ability to stay in the U.S. legally while the application is pending, avoiding the need to leave the country and undergo consular processing. This process also allows applicants to gain permanent residency without interrupting their current lives or facing potential delays associated with traveling abroad. Additionally, AOS applicants can apply for an Employment Authorization Document (EAD), enabling them to work legally during the processing period, and for Advance Parole, which provides permission to travel internationally without jeopardizing their application. Furthermore, eligible family members may file their applications concurrently, simplifying the process for families applying together. These benefits make AOS a convenient and practical pathway to securing lawful permanent residency.

The Adjustment of Status Application Process

The Adjustment of Status (AOS) process involves several essential steps to ensure your application for lawful permanent residency is complete and successful. Here’s a breakdown of the process:

1. Determine Eligibility and Gather Necessary Documents: Start by confirming your eligibility for AOS based on your visa category and immigration history. Collect all required documents, including proof of lawful entry, identity documents, financial evidence, and medical examination results.
2. File Form I-485: Submit Form I-485, Application to Register Permanent Residence or Adjust Status, to U.S. Citizenship and Immigration Services (USCIS). This is the primary form for initiating the AOS process.
3. Submit Supporting Evidence: Include necessary supporting documents, such as your passport, I-94 record, birth certificate, financial support affidavits, and a completed medical examination Form I-693.
4. Apply for Employment Authorization and Advance Parole (If Needed): File Form I-765 for a work permit and Form I-131 for Advance Parole, allowing you to work legally and travel internationally while your AOS application is pending.
5. Attend Biometrics Appointment: USCIS will schedule a biometrics appointment where your fingerprints, photo, and signature are collected for background checks.
6. Respond to Requests for Evidence (RFE): If USCIS requires additional information or documentation, you may receive an RFE. Respond promptly and thoroughly to avoid delays.
7. Attend the USCIS Green Card Interview: Most applicants are required to attend an in-person interview with a USCIS officer, where you must provide additional details about your eligibility and supporting documents.
8. Receive a Decision: After the interview, USCIS will issue a decision on your application. If approved, you will receive your green card, granting you lawful permanent residency.

Common Challenges in Adjustment of Status Cases

Adjustment of Status (AOS) applications can present several challenges that may complicate the process. However, with proper preparation and expert guidance, these issues can be effectively addressed. Below are some common pain points and proposed solutions:

Difficulty Proving Lawful Entry or Eligibility for Adjustment:

Proving lawful entry is essential, as AOS generally requires evidence of inspection and admission or parole. For those lacking documentation, obtaining secondary evidence or records from USCIS or CBP can be critical.

💡 Solution: At Tondini Law, we thoroughly review your entry history and work to obtain any missing records or alternative evidence to establish your eligibility.

Addressing Inadmissibility Issues (e.g., Past Immigration Violations, Criminal History):

Certain factors, such as overstaying a visa, unauthorized work, or criminal convictions, can render an applicant inadmissible. However, waivers are available for many of these situations.

💡 Solution: Our team evaluates your case to determine if waivers or exemptions apply and prepares a compelling application to address any grounds of inadmissibility.

Delays in Visa Availability or USCIS Processing Times:

AOS applicants may face extended waiting periods due to visa backlogs or processing delays. These delays can create uncertainty and stress.

💡 Solution: We monitor the visa bulletin and USCIS processing times, ensuring your application is submitted as soon as you are eligible, and follow up on pending cases to avoid unnecessary delays.

Errors in Documentation That Could Result in RFEs or Denials:

Even minor mistakes in your application or missing supporting documents can trigger a Request for Evidence (RFE) or outright denial.

💡 Solution: At Tondini Law, we meticulously prepare your application to ensure all required documents are accurate, complete, and properly organized, reducing the risk of errors or omissions.

Why Choose Us?

By identifying potential challenges early and implementing tailored strategies, Tondini Law ensures your Adjustment of Status application is comprehensive and robust, minimizing the risks of delays or denials and maximizing your chances of success.

Who is NOT Eligible for Adjustment of Status?

While Adjustment of Status (AOS) provides a pathway to lawful permanent residency for many, certain individuals are not eligible to apply under U.S. immigration law. Here are key factors that may make someone ineligible:

Unlawful Entry:

Individuals who entered the U.S. unlawfully, without inspection at a port of entry, generally cannot apply for AOS. Exceptions may exist for certain categories, such as beneficiaries of specific waivers or humanitarian programs.

Certain Nonimmigrants:

People in specific visa categories, such as transit visa holders (C visas) or crew members (D visas), are ineligible for AOS. These categories are explicitly excluded due to the temporary nature of their stay.

Inadmissibility Grounds:

Those deemed inadmissible under U.S. immigration law may not qualify for AOS. Common inadmissibility grounds include involvement in criminal activity, prior deportation, or health-related issues. Waivers may be available for some of these grounds, depending on the circumstances.

Immigration Violations:

Individuals who have accrued unlawful presence, engaged in fraud or misrepresentation, or violated the terms of their visa may be barred from adjusting status. These violations often require waivers to overcome.

If any of these factors apply to your situation, it’s crucial to explore alternative options or remedies, such as waivers or consular processing. At Tondini Law, we provide expert legal advice to evaluate your case and determine the best path forward.

Resources for Adjustment of Status Applicants

Here are some valuable resources to assist you during the Adjustment of Status (AOS) process:

• USCIS Form I-485 Instructions https://www.uscis.gov/i-485: Detailed guidance on how to complete Form I-485 and the supporting documents required.
• Visa Bulletin: Check the current availability of immigrant visas for your category.
• Medical Examination Requirements (Form I-693): Information on the medical examination required for AOS applicants, including the list of civil surgeons authorized to complete the exam.
• Guide to Employment Authorization and Advance Parole: Learn how to apply for work authorization (Form I-765) and travel permission (Form I-131) while your AOS application is pending.

These links provide essential tools and information to navigate your AOS application efficiently. If you have further questions or need legal assistance, Tondini Law is here to help!