Adjustment of Status 101: What They Don’t Tell You (But You Need to Know in 2024)

The Adjustment of Status (AOS) is a crucial process that allows eligible individuals residing in the United States to apply for lawful permanent residency (a Green Card) without having to return to their home country for visa processing. Faragalla Law specializes in guiding clients through the complexities of the Adjustment of Status process, ensuring a smooth transition to permanent residency.

Detailed Information

The Adjustment of Status is a procedure available to individuals already present in the United States who meet specific eligibility criteria to apply for permanent residency. Unlike consular processing, which requires applicants to apply for their Green Card from abroad, AOS allows for a more streamlined and integrated approach within the U.S.

Understanding Adjustment of Status

Adjustment of Status enables eligible immigrants to transition from a temporary visa holder to a permanent resident without leaving the United States. This process is beneficial for individuals who have established their lives in the U.S. and wish to obtain permanent residency seamlessly.

Purpose of Adjustment of Status

• Convenience: Applicants can remain in the U.S. while their Green Card application is being processed.
• Family Stability: Facilitates family reunification by allowing spouses and children to stay together in the U.S.
• Employment Flexibility: Provides the opportunity to work legally while awaiting permanent residency.

Legal Basis and Regulations

The Adjustment of Status process is governed by the Immigration and Nationality Act (INA) and is administered by the U.S. Citizenship and Immigration Services (USCIS). Key legal points include:

• Eligibility Categories: Family-based, employment-based, asylum seekers, and other special categories.
• Form I-485: The primary form used to apply for Adjustment of Status.
• Concurrent Filing: In certain cases, applicants can file Form I-485 simultaneously with other necessary forms, such as Form I-130 or Form I-140.

Features of Adjustment of Status

1. Work Authorization: Eligible applicants can apply for an Employment Authorization Document (EAD) while their AOS application is pending.
2. Travel Authorization: Applicants can apply for Advance Parole, allowing them to travel internationally without abandoning their AOS application.
3. Pathway to Citizenship: Obtaining a Green Card through AOS is a step towards naturalization and U.S. citizenship.
4. Dependents Inclusion: Spouses and unmarried children under 21 can be included in the AOS application as dependents.

Benefits

• Remain in the U.S. during the entire Green Card process.
• Eligibility to work and study without restrictions.
• Access to certain public benefits and protections.
• Potential eligibility for U.S. citizenship after meeting residency requirements.

Legal Requirements for Adjustment of Status

Applicants must meet specific legal requirements to qualify for AOS, including but not limited to:

• Having an eligible immigrant category.
• Maintaining lawful status in the U.S. at the time of application.
• Passing security and background checks.
• Not being subject to any bars to adjustment, such as certain criminal convictions or immigration violations.

Types of AOS

• Family-Based Adjustment: For immediate relatives of U.S. citizens, such as spouses, children, and parents.
• Employment-Based Adjustment: For individuals sponsored by U.S. employers under various employment categories.
• Asylees and Refugees: Individuals granted asylum or refugee status can apply for AOS after meeting residency requirements.
• Diversity Visa Winners: Individuals who have won the Diversity Visa lottery may adjust status if they meet all eligibility criteria.

Process Overview

The Adjustment of Status process involves several key steps, including form preparation, document submission, biometrics, interviews, and final adjudication. Understanding each stage is essential for a successful application.

How Long Does the Adjustment of Status Process Take?

Well, when it comes to figuring out how long an adjustment of status takes, it’s a bit like asking how long is a piece of string. Generally, the process can take anywhere from several months to over a year. It really depends on various factors like the type of application, your personal circumstances, and even how busy the USCIS offices are at the time.

I recall a client who was quite anxious about the wait time. We submitted all the necessary documents, dotted all the i’s and crossed the t’s, but still, it took about 14 months for her case to be approved. Sometimes patience is key in these situations. Make sure your application is thorough and accurate to avoid any unnecessary delays. And, of course, keep an eye out for any correspondence from USCIS so you can respond promptly. After all, every case is unique, so your mileage may vary.

Conclusion

Adjustment of Status offers a valuable pathway for individuals seeking to become lawful permanent residents while remaining in the United States. Navigating this process requires a thorough understanding of the requirements and meticulous preparation of documentation.

At Faragalla Law, we specialize in assisting clients through the Adjustment of Status process, providing expert legal guidance to ensure your application is handled efficiently and effectively.

Eligibility Requirements

Eligibility Requirements for AOS

Obtaining a Green Card through Adjustment of Status is contingent upon meeting specific eligibility criteria. Both the applicant and, in some cases, their sponsors must satisfy these requirements to ensure a successful application.

Eligibility Criteria for the Applicant

1. Immigrant Category Eligibility: The applicant must fall under an eligible immigrant category, such as family-based, employment-based, asylum, or other special categories.
2. Lawful Entry: The applicant must have been lawfully admitted to the United States with inspection and admission or parole.
3. Maintenance of Status: The applicant must have continuously maintained lawful status in the U.S. since their last entry.
4. No Bars to Adjustment: The applicant must not be subject to any grounds of inadmissibility, including certain criminal offenses, immigration violations, or security concerns.
5. Medical Requirements: Must undergo a medical examination and obtain all required vaccinations.
6. Financial Support: Must have a sponsor who can demonstrate the ability to financially support the applicant, preventing them from becoming a public charge.

Eligibility Criteria for the Sponsor

1. Relationship: If applying through a family-based category, the sponsor must be a U.S. citizen or lawful permanent resident and demonstrate a qualifying relationship with the applicant.
2. Financial Requirements: Must meet or exceed 125% of the Federal Poverty Guidelines and agree to sponsor the applicant financially by filing an Affidavit of Support (Form I-864).
3. Domicile: The sponsor must have a primary residence in the United States or intend to re-establish domicile in the U.S.

Special Considerations

• Unlawful Presence: Certain periods of unlawful presence can trigger bars to adjustment, which may require waivers.
• Criminal History: Criminal convictions may affect eligibility and require legal remedies or waivers.
• Public Charge: Applicants must demonstrate they are not likely to become dependent on government assistance.
• Military Service: Members of the U.S. military may have expedited processes or special considerations.

Evidence to Support Eligibility

For the Applicant

• Completed Form I-485.
• Proof of lawful entry (I-94, visa, passport).
• Birth certificate and any other required civil documents.
• Medical examination results (Form I-693).
• Proof of eligibility under the chosen immigrant category.

For the Sponsor

• Proof of U.S. citizenship or permanent residency (passport, birth certificate, green card).
• Financial documents (tax returns, pay stubs, employment letters).
• Completed Form I-864, Affidavit of Support.
• Evidence of the qualifying relationship (marriage certificate, photos, correspondence).

Common Reasons for Ineligibility

• Failure to maintain lawful status.
• Presence of ineligible criminal convictions.
• Unresolved immigration violations.
• Insufficient financial support from the sponsor.
• Health-related inadmissibilities.

How Faragalla Law Can Assist

At Faragalla Law, we provide comprehensive evaluations to determine your eligibility for Adjustment of Status:

• Personalized Eligibility Assessment: We assess your unique circumstances to identify potential eligibility and any issues that need to be addressed.
• Documentation Guidance: Assist in gathering and organizing all necessary documents to support your application.
• Waiver Assistance: Help navigate the complexities of applying for waivers if you face inadmissibility issues.
• Financial Sponsorship Support: Guide your sponsor in meeting financial requirements and preparing the Affidavit of Support.
• Legal Representation: Provide expert legal representation to address any challenges or obstacles during the application process.

Meeting the eligibility requirements for Adjustment of Status is a foundational step toward obtaining your Green Card. Faragalla Law is committed to helping you understand and fulfill these requirements effectively.

Step-by-Step Process

Step-by-Step Application Process for Adjustment of Status

Navigating the Adjustment of Status process involves several critical steps, each with specific requirements and procedures. This guide provides a comprehensive overview to help you understand and manage each phase effectively.

Overview of the Adjustment of Status Process

The AOS application typically involves the following stages:

1. Determine Eligibility
2. Prepare and File Form I-485
3. Attend Biometrics Appointment
4. Complete Employment Authorization and Advance Parole Applications
5. Attend the Adjustment of Status Interview
6. Receive Decision

Stage 1: Determine Eligibility

Before initiating the AOS process, ensure you meet all eligibility requirements based on your immigrant category. Common categories include:

• Family-Based: Immediate relatives of U.S. citizens or permanent residents.
• Employment-Based: Individuals with employer sponsorship under specific visa categories.
• Asylum or Refugee Status: Individuals granted asylum or refugee status in the U.S.
• Diversity Visa: Winners of the Diversity Visa lottery program.

Stage 2: Prepare and File Form I-485

Step 1: Complete Form I-485

• Form I-485: Application to Register Permanent Residence or Adjust Status.
• Who Completes: The applicant, with assistance from an attorney if necessary.
• Information Required: Personal details, immigration history, and eligibility category.

Step 2: Gather Supporting Documents

• Proof of Eligibility: Based on your immigrant category (e.g., Form I-130 approval for family-based AOS).
• Proof of Identity and Status: Passport, visa, I-94 record.
• Medical Examination: Completed Form I-693 from a USCIS-approved physician.
• Photographs: Passport-style photos as per USCIS specifications.
• Additional Evidence: Documents supporting your relationship, employment, or other eligibility factors.

Step 3: Pay Filing Fees

• Filing Fee: Varies depending on age and category (typically around $1,440 for adults).
• Biometrics Fee: An additional fee of $85 may apply.
• Payment Method: Check, money order, or credit card authorization as specified by USCIS.

Step 4: Submit the Application

• Packaging: Assemble Form I-485 and all supporting documents in the required order.
• Submission Address: Mail to the appropriate USCIS Lockbox Facility based on your eligibility category and location.
• Tracking: Use a reliable mailing service to track the delivery of your application.

Stage 3: Attend Biometrics Appointment

Step 5: Receive Biometrics Notice

• Notification: USCIS will send a notice with the date, time, and location for your biometrics appointment.

Step 6: Attend the Appointment

• What to Bring: Appointment notice, photo ID, and any other requested documents.
• Biometrics Collection: USCIS will collect fingerprints, photograph, and signature for background checks.

Stage 4: Complete Employment Authorization and Advance Parole Applications

Step 7: File Form I-765 and Form I-131

• Form I-765: Application for Employment Authorization.
• Form I-131: Application for Travel Document (Advance Parole).
• Concurrent Filing: These forms can be filed alongside Form I-485 or after.
• Benefits: Allows you to work and travel while your AOS is pending.

Stage 5: Attend the Adjustment of Status Interview

Step 8: Receive Interview Notice

• Notification: USCIS will send a notice with the date, time, and location of your interview.

Step 9: Prepare for the Interview

• Review Application: Ensure all information is accurate and consistent.
• Gather Documents: Bring originals of all submitted documents, additional evidence if needed.
• Practice Responses: Be prepared to answer questions about your application and background.

Step 10: Attend the Interview

• Interview Process: Conducted by a USCIS officer who will verify the information and assess eligibility.
• Possible Outcomes:
  • Approval: Your application is approved, and you will receive your Green Card.
  • Request for Evidence (RFE): Additional information is needed to make a decision.
  • Denial: Your application is denied based on ineligibility or insufficient evidence.

Stage 6: Receive Decision

Step 11: Receive USCIS Decision

• Approval Notice: If approved, you will receive a notice and your Green Card will be mailed to you.
• RFE Response: If an RFE is issued, respond promptly with the requested information.
• Denial Notice: If denied, the notice will include the reasons and information on how to appeal or reapply.

Step 12: Receive Your Green Card

• Delivery: The Green Card is typically received within a few weeks after approval.
• Validity: The Green Card is valid for 10 years and can be renewed indefinitely.

Additional Considerations

• Concurrent Filing: Eligible applicants can file Form I-485 alongside other necessary forms, expediting the process.
• Travel Restrictions: Avoid international travel without Advance Parole to prevent abandoning your AOS application.
• Work Authorization: Use Form I-765 to obtain employment authorization while awaiting your Green Card.

Tips for a Successful Application

• Accuracy: Ensure all forms are completed accurately and truthfully.
• Documentation: Provide comprehensive and organized evidence to support your eligibility.
• Timeliness: Respond promptly to all USCIS notices and requests for additional information.
• Professional Assistance: Consult with an immigration attorney to navigate complex issues and optimize your application.

How Faragalla Law Can Assist

At Faragalla Law, we are dedicated to guiding you through every step of the Adjustment of Status process:

• Personalized Consultation: Understand your unique situation and eligibility.
• Form Preparation: Accurate and thorough completion of all required forms.
• Document Organization: Assist in gathering and organizing all necessary supporting documents.
• Interview Preparation: Equip you with the knowledge and confidence needed for a successful interview.
• Response to RFEs: Efficiently address any Requests for Evidence to avoid delays.
• Legal Representation: Provide expert legal support in case of denials or complex eligibility issues.

Embarking on the Adjustment of Status process can be intricate, but with Faragalla Law’s expertise, you can navigate it with confidence and ease. We are committed to helping you achieve your goal of becoming a lawful permanent resident in the United States.

Possible Problems

Common Challenges and Potential Pitfalls in the Adjustment of Status Process

Navigating the Adjustment of Status (AOS) process can be complex and fraught with potential challenges. Understanding these common issues can help you take proactive measures to avoid delays, denials, and other complications.

1. Errors and Omissions in Application Forms

Common Issues:

• Incomplete Forms: Leaving sections blank or incomplete on Form I-485, Form I-130, or other required forms.
• Incorrect Information: Providing inaccurate personal details, dates, or inconsistent information across different forms.
• Improper Formatting: Not following USCIS guidelines for document submission, such as incorrect photo specifications or improperly assembled application packets.

Consequences:

• RFEs: USCIS may issue a Request for Evidence, causing delays.
• Application Rejection: Forms may be returned unprocessed.
• Denials: Significant errors can lead to outright denials.

Example:

• Incorrect Filing Fee: Submitting the wrong fee amount can result in the entire application being rejected and returned.

2. Insufficient Evidence of Eligibility

Common Issues:

• Lack of Supporting Documents: Not providing enough evidence to prove eligibility under the chosen immigrant category.
• Poor Quality Evidence: Submitting unclear or irrelevant documents.
• Inconsistent Evidence: Discrepancies in the information provided.

Consequences:

• RFEs: Additional evidence will be requested.
• Denials: Failure to convince USCIS of eligibility can result in denial.

Example:

• Inadequate Relationship Proof: Only submitting wedding photos without any joint financial documents or affidavits.

3. Missing Deadlines and Delayed Responses

Common Issues:

• Late Submission of RFEs: Not responding to Requests for Evidence within the specified time frame.
• Missing Filing Windows: Failing to file required forms within the designated periods.
• Delayed Fee Payments: Not paying USCIS fees promptly.

Consequences:

• Application Abandonment: USCIS may consider the application abandoned.
• Loss of Status: Failure to maintain status can result in removal proceedings.
• Additional Delays: Overall processing time increases significantly.

Example:

• Missed RFE Deadline: Ignoring an RFE due to oversight leads to application denial.

4. Financial Sponsorship Problems

Common Issues:

• Insufficient Income: Sponsor does not meet the 125% Federal Poverty Guidelines requirement.
• Incorrect Form Completion: Errors in Form I-864, Affidavit of Support.
• Lack of Supporting Documents: Missing tax returns, employment letters, or proof of assets.

Consequences:

• RFEs: Requests for additional financial evidence.
• Denials: Visa can be denied if financial requirements aren’t met.

Example:

• No Joint Sponsor: Sponsor doesn’t qualify financially and doesn’t secure a joint sponsor.

5. Medical Examination and Health-Related Issues

Common Issues:

• Incorrect Medical Procedures: Undergoing the medical examination with a non-authorized physician.
• Incomplete Vaccinations: Not receiving all required vaccinations.
• Failure to Disclose Medical Conditions: Omitting information about medical issues.

Consequences:

• Visa Delays: Need to redo the medical exam.
• Inadmissibility: Certain medical conditions can lead to visa denial.

Example:

• Unauthorized Physician: Medical exam conducted by a general doctor instead of a panel physician approved by USCIS.

6. Police Certificates and Criminal History

Common Issues:

• Missing Police Certificates: Not obtaining required police certificates from all countries of residence.
• Undisclosed Criminal Records: Failing to disclose past arrests or convictions.
• Incomplete Records: Providing incomplete or outdated police certificates.

Consequences:

• RFEs: Delays due to requests for missing documents.
• Denials: Visa denial due to inadmissibility on criminal grounds.

Example:

• Omitted Conviction: Not disclosing a minor offense that appears in background checks leads to denial.

7. Inadmissibility Due to Immigration Violations

Common Issues:

• Previous Overstays: Past unlawful presence in the U.S.
• Misrepresentation: Providing false information in prior visa applications.
• Deportation Orders: Overlooking previous removal orders.

Consequences:

• Denials: Immediate denial of the visa application.
• Bans: Possible entry bans ranging from 3 to 10 years or permanent.

Example:

• Misrepresentation: Lying about previous visa denials results in a permanent bar.

8. Failure to Prove Domicile

Common Issues:

• Petitioner Residing Abroad: U.S. citizen petitioner living outside the U.S. without intent to re-establish domicile.
• Insufficient Proof: Inadequate evidence of plans to return to the U.S.

Consequences:

• RFEs: Requests for additional evidence of domicile.
• Denials: Visa denial if domicile requirement isn’t met.

Example:

• No U.S. Address: Petitioner doesn’t have a U.S. residence or job prospects.

9. Miscommunication and Lack of Documentation

Common Issues:

• Ignoring Official Communications: Failing to read or respond to notices from USCIS.
• Lost Documents: Misplacing important documents like the Notice of Action or appointment letters.
• Language Barriers: Misunderstanding instructions due to language difficulties.

Consequences:

• Missed Appointments: Leading to delays or case closure.
• Application Denials: Due to non-compliance with requests.

Example:

• Unopened Mail: Missing an interview because the appointment letter was overlooked.

10. Interview Challenges

Common Issues:

• Unpreparedness: Not knowing what to expect during the interview.
• Inconsistent Answers: Providing answers that don’t match the information in the application.
• Nervousness or Suspicious Behavior: Causing the officer to doubt the legitimacy of the application.

Consequences:

• Administrative Processing: Further delays due to additional investigations.
• Denials: Visa may be refused under Section 221(g) or other grounds.

Example:

• Contradictory Responses: Applicant cannot answer basic questions about their background.

11. Travel Issues During Processing

Common Issues:

• Traveling Without Advance Parole: Attempting to travel internationally without obtaining Advance Parole can result in abandoning the AOS application.
• Status Violations: Overstaying or violating terms of a visa during the application process.

Consequences:

• Denials: Future visas may be denied due to perceived misrepresentation.
• Removal Proceedings: Risk of being denied entry or deported.

Example:

• Intent Misrepresentation: Using a tourist visa to adjust status without proper documentation.

12. Not Using Updated Forms or Procedures

Common Issues:

• Outdated Forms: Submitting expired versions of USCIS forms.
• Incorrect Filing Addresses: Sending applications to the wrong USCIS address.
• Ignoring Policy Changes: Not adhering to new immigration policies or requirements.

Consequences:

• Application Rejection: Entire packet returned unprocessed.
• Delays: Increased processing times due to resubmission.

Example:

• Old Form Version: Using an outdated Form I-485 that’s no longer accepted.

13. Ignoring Professional Legal Advice

Common Issues:

• Overconfidence: Believing that online resources are sufficient without recognizing the complexities of immigration law.
• Misinterpretation of Laws: Misunderstanding eligibility criteria or legal terminology.
• DIY Approach: Attempting to handle complicated issues like waivers or inadmissibility without expertise.

Consequences:

• Denials: Incorrect applications lead to rejection.
• Legal Complications: Potential for appeals or litigation, increasing costs and time.

Example:

• Waiver Misfiling: Incorrectly filing an I-601 waiver without understanding the legal standards.

14. Failure to Maintain Copies and Records

Common Issues:

• No Personal Copies: Not keeping copies of submitted forms and supporting documents.
• Disorganized Documentation: Difficulty tracking what has been sent or received.

Consequences:

• Inability to Respond to RFEs: Lack of records makes it hard to address issues.
• Delays: Time lost in reconstructing documents.

Example:

• Lost Evidence: Misplacing proof of mailing leads to disputes over submission dates.

15. Overlooking Cultural and Language Nuances

Common Issues:

• Translation Errors: Providing poor translations of required documents.
• Cultural Misunderstandings: Not anticipating how cultural differences might be perceived during the interview.

Consequences:

• RFEs: Requests for certified translations.
• Interview Challenges: Miscommunications may raise red flags.

Example:

• Uncertified Translation: Submitting a translated birth certificate without proper certification.

How Faragalla Law Can Help You Avoid These Pitfalls

Successfully navigating the Adjustment of Status process requires meticulous attention to detail and a thorough understanding of immigration laws. At Faragalla Law, we offer comprehensive services to help you avoid common pitfalls:

• Expert Legal Guidance: Personalized consultations to address your unique situation and eligibility.
• Accurate Form Preparation: Utilizing our proprietary technology to electronically prepare all required forms based on your personalized questionnaire responses, minimizing errors and omissions.
• Comprehensive Documentation Support: Assistance in gathering and organizing strong evidence of your eligibility.
• Timely Communication: Managing all critical deadlines to ensure timely submissions and responses to USCIS requests.
• Interview Preparation: Providing coaching and resources to help you succeed in your Adjustment of Status interview.
• Problem Resolution: Expertise in handling waivers, inadmissibility issues, and representing you in case of denials.
• Peace of Mind: Maintaining organized records of all submissions and communications, ensuring you stay informed throughout the process.

Navigating the Adjustment of Status process without professional assistance can lead to costly delays, denials, and significant emotional stress. By entrusting your case to Faragalla Law, you benefit from our expertise, dedication, and commitment to helping you achieve your goal of lawful permanent residency in the United States.