Detailed Information
The One Step Adjustment of Status (AOS) process allows a foreign citizen spouse who is already present in the United States to apply for lawful permanent residency (a Green Card) without having to return to their home country. This streamlined process is designed to reunite families and simplify the path to permanent residency for spouses of U.S. citizens or lawful permanent residents.
Understanding Adjustment of Status
Adjustment of Status is a procedure that enables foreign citizen spouses to obtain permanent residency while remaining in the United States. Unlike consular processing, which requires applicants to attend an interview at a U.S. embassy or consulate abroad, AOS allows for a more seamless transition within the country.
Purpose of the One Step Adjustment of Status
The One Step Adjustment of Status simplifies the immigration process by combining multiple steps into a single application. This approach reduces the complexity and potential delays associated with traditional multi-step processes, making it easier for applicants to achieve their goal of becoming permanent residents.
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 provisions include:
- INA Section 245: Outlines the eligibility criteria and procedures for adjusting status.
- Immediate Relative Category: Allows close family members of U.S. citizens and lawful permanent residents to adjust status without numerical limitations.
Features of the One Step Adjustment of Status
- Concurrent Filing: Ability to file Form I-130 and Form I-485 simultaneously, expediting the process.
- Work Authorization: Applicants can apply for an Employment Authorization Document (EAD) using Form I-765.
- Travel Flexibility: Optional filing of Form I-131 allows applicants to request Advance Parole for travel outside the U.S. while the application is pending.
- Cost Efficiency: Combining multiple applications can reduce overall processing time and costs.
Benefits of the One Step Adjustment of Status
- Streamlined Process: Reduces the number of separate applications and steps required.
- Faster Decision Times: Potentially quicker approval compared to traditional multi-step processes.
- Legal Work Status: Possibility to obtain work authorization while the application is being processed.
- Continuous Residence: Applicants remain in the U.S. throughout the process, avoiding the need to travel abroad.
Obligations of Adjustment Applicants
- Compliance with U.S. Laws: Must adhere to all federal, state, and local regulations.
- Honest Information: Provide truthful and accurate information on all forms and during interviews.
- Timely Responses: Respond promptly to any Requests for Evidence (RFEs) or additional documentation from USCIS.
Relevance in the Immigration System
The One Step Adjustment of Status plays a crucial role in facilitating the transition of eligible individuals to permanent residency. It emphasizes the importance of family reunification and allows individuals who have established their lives in the U.S. to continue doing so without unnecessary interruptions.
Historical Context
- Immigration Reform and Control Act of 1986: Introduced significant changes to the immigration system, including provisions for adjusting status.
- Legalization Efforts: Over the years, various administrations have modified AOS procedures to address immigration challenges and streamline processes.
Conclusion
The One Step Adjustment of Status offers a comprehensive and efficient pathway for eligible individuals to obtain permanent residency in the United States. By understanding the process and its requirements, applicants can navigate the system with greater confidence and success.
At Faragalla Law, we specialize in guiding clients through the complexities of the Adjustment of Status process. Our expertise ensures that you are well-informed and prepared every step of the way.
Eligibility Requirements for One Step AOS
Applying for Adjustment of Status is a significant step toward obtaining lawful permanent residency in the United States. Both the petitioner and the applicant must meet specific eligibility criteria to ensure a successful application. This section outlines the comprehensive requirements you need to fulfill to qualify for the One Step Adjustment of Status.
Eligibility Criteria for the Petitioner
- U.S. Citizenship or Permanent Residency: The petitioner must be a U.S. citizen or a lawful permanent resident.
- Valid Relationship: Must have a legitimate relationship with the applicant, typically as a spouse, parent, or child.
- Financial Responsibility: Must meet the income requirements to support the applicant, typically at least 125% of the Federal Poverty Guidelines.
- Legal Status: If a permanent resident, must have maintained lawful status in the U.S.
Eligibility Criteria for the Applicant
- Lawful Entry: Must have been lawfully admitted or paroled into the United States.
- Admissibility: Must not be inadmissible to the U.S. based on health, criminal history, security, or other grounds.
- Continuous Residence: Must maintain continuous residence in the U.S. during the application process.
- Eligibility for Specific Categories: Depending on the basis for adjustment (e.g., family, employment), must meet additional criteria.
Joint Requirements
- Valid Marriage: If adjusting based on marriage, the marriage must be legally valid and bona fide.
- Proof of Relationship: Must provide evidence demonstrating the legitimacy of the relationship.
- No Prior Immigration Violations: Applicant should not have overstayed visas or violated immigration terms.
Special Considerations
- Children: Unmarried children under 21 may also be eligible to adjust status as derivatives of the primary applicant.
- Waivers: In certain cases, applicants may apply for waivers of inadmissibility based on specific grounds.
- Concurrent Filing: Eligible applicants can file Form I-130 and Form I-485 simultaneously to expedite the process.
Evidence to Support Eligibility
- For the Petitioner:
- Proof of U.S. citizenship or permanent residency (e.g., passport, Green Card).
- Evidence of the qualifying relationship (e.g., marriage certificate, birth certificates).
- Financial documents demonstrating the ability to support the applicant (e.g., tax returns, pay stubs).
- For the Applicant:
- Form I-485 completed and signed.
- Proof of lawful entry (e.g., visa, I-94 record).
- Medical examination results (Form I-693).
- Police clearance certificates if required.
Common Reasons for Ineligibility
- Inadmissibility: Issues such as criminal convictions, health-related grounds, or security concerns.
- Misrepresentation: Providing false information or fraudulent documents.
- Failure to Maintain Status: Overstaying a visa or violating the terms of stay.
- Insufficient Financial Support: Petitioner does not meet the income requirements.
Steps to Ensure Eligibility
- Early Preparation: Gather all necessary documents and evidence before starting the application.
- Honest Communication: Provide truthful and accurate information on all forms and during interviews.
- Professional Guidance: Consult with an immigration attorney to navigate complex eligibility criteria.
- Financial Planning: Ensure the petitioner meets the financial sponsorship requirements.
- Medical and Legal Clearances: Complete required medical exams and obtain necessary legal documents.
How Faragalla Law Can Assist
At Faragalla Law, we are committed to helping you understand and meet the eligibility requirements for the One Step Adjustment of Status:
- Comprehensive Eligibility Assessment: We evaluate your unique circumstances to identify any potential challenges early in the process.
- Customized Documentation Checklists: Provide tailored lists of required documents to ensure nothing is overlooked.
- Expert Guidance on Waivers: If inadmissibility issues arise, we guide you through the waiver application process.
- Financial Requirement Strategies: Assist in understanding and meeting the financial sponsorship obligations, including finding joint sponsors if necessary.
- Proprietary Technology for Efficiency: Our advanced technology streamlines the preparation of forms based on your personalized questionnaire responses, reducing errors and saving time.
- Interview Preparation: Equip you with the knowledge and confidence to succeed in your USCIS interview.
Understanding and meeting the eligibility requirements for the One Step Adjustment of Status is a critical step toward obtaining permanent residency in the United States. At Faragalla Law, we are here to support you every step of the way.
Related Sections in Our Adjustment of Status Series:
- What is Adjustment of Status?
- Step-by-Step Application Process for Adjustment of Status
- Required Documentation for Adjustment of Status
- Understanding Form I-751 and Removing Conditions
- Frequently Asked Questions about Adjustment of Status
Explore these sections to gain a comprehensive understanding of the Adjustment of Status process.
Step-by-Step Application Process for One Step Adjustment of Status
Navigating the One Step Adjustment of Status process involves several stages, each with specific requirements and procedures. This comprehensive guide will help you understand the entire process, from initial filing to receiving your Green Card.
Overview of the Adjustment of Status Process
The Adjustment of Status application typically involves the following stages:
- Preparation and Filing of Forms
- USCIS Processing
- Biometrics Appointment
- USCIS Interview
- Approval and Green Card Issuance
Stage 1: Preparation and Filing of Forms
Step 1: Prepare and File Form I-130 and Form I-485
- Form I-130: Petition for Alien Relative
- Purpose: Establishes the qualifying relationship between the petitioner and the applicant.
- Who Completes: The U.S. citizen or permanent resident petitioner.
- Form I-485: Application to Register Permanent Residence or Adjust Status
- Purpose: Requests the adjustment of status to lawful permanent resident.
- Who Completes: The foreign national applicant.
Supporting Documents:
- Proof of U.S. Citizenship or Permanent Residency of the petitioner.
- Evidence of a legitimate relationship (e.g., marriage certificate, photos, joint financial documents).
- Proof of lawful entry into the U.S. (e.g., visa, I-94 record).
- Medical examination results (Form I-693).
- Passport-style photographs.
Filing Fee: Combined filing fees for Form I-130 and Form I-485.
Submission: Mail the completed forms, supporting documents, and filing fees to the appropriate USCIS address based on your location.
Step 2: File Form I-864
- Form I-864: Affidavit of Support
- Purpose: Demonstrates the petitioner’s ability to financially support the applicant.
- Who Completes: The petitioner (and joint sponsor, if necessary).
Supporting Documents:
- Recent federal tax returns (typically last 3 years).
- W-2s and 1099s.
- Pay stubs or employment verification letters.
- Proof of assets, if applicable.
Step 3: Optional Forms
- Form I-765: Application for Employment Authorization
- Purpose: Allows the applicant to work while the AOS application is pending.
- Who Completes: The applicant.
- Form I-131: Application for Travel Document
- Purpose: Requests Advance Parole for travel outside the U.S. during the application process.
- Who Completes: The applicant.
Stage 2: USCIS Processing
Step 4: Receive Receipt Notices
- Form I-797C: Notice of Action
- Purpose: Confirms receipt of your application.
- Action: Keep these notices for your records.
Step 5: USCIS Review
- Processing Time: Varies by case, typically 8-14 months.
- Requests for Evidence (RFEs): If additional information is needed, USCIS will issue an RFE. Respond promptly with the requested documents.
Stage 3: Biometrics Appointment
Step 6: Attend Biometrics Appointment
- Notification: USCIS will send an appointment notice with the date, time, and location.
- What to Bring: Appointment notice and valid photo ID.
- Purpose: Collection of fingerprints, photograph, and signature for background checks.
Stage 4: USCIS Interview
Step 7: Receive Interview Notice
- Notification: USCIS will schedule an interview at a local field office.
- Preparation: Gather original documents and any additional evidence of your relationship.
Step 8: Attend the Interview
- Interview Day: Arrive early with all required documents.
- Questions: Be prepared to answer questions about your relationship, background, and eligibility.
- Possible Outcomes:
- Approval: Your application is approved.
- Request for Additional Information: Further documentation may be required.
- Denial: You will receive a letter explaining the reasons and any possible remedies.
Stage 5: Approval and Green Card Issuance
Step 9: Receive Approval Notice
- Form I-797: Notice of Approval
- Action: Indicates that your Adjustment of Status application has been approved.
Step 10: Receive Your Green Card
- Delivery: Mailed to your U.S. address, typically within 45 days of approval.
- Validity: Permanent Green Cards are valid for 10 years and can be renewed indefinitely.
Additional Considerations
- Children (Derivative Beneficiaries): Unmarried children under 21 may also receive Green Cards through the primary applicant’s Adjustment of Status.
- Travel During Processing: If you have applied for Advance Parole using Form I-131, you can travel outside the U.S. while your application is pending. Without it, traveling may result in abandonment of your application.
- Applying for U.S. Citizenship: After obtaining permanent residency, you may be eligible to apply for naturalization after meeting residency and other requirements.
Tips for a Successful Application
- Accuracy: Double-check all forms for errors and ensure consistency across documents.
- Documentation: Provide ample evidence to support your eligibility and the legitimacy of your relationship.
- Communication: Keep copies of all correspondence and respond promptly to any USCIS requests.
- Professional Assistance: Consider consulting with an immigration attorney to navigate complex issues.
How Faragalla Law Can Assist
At Faragalla Law, we are dedicated to making your Adjustment of Status journey as smooth as possible:
- Expert Guidance: Navigate each step with personalized advice tailored to your unique situation.
- Proprietary Technology: Utilize our advanced system to electronically prepare all required forms based on your questionnaire responses, ensuring accuracy and efficiency.
- Document Review: Thoroughly check all documents to avoid delays and ensure compliance with USCIS requirements.
- Interview Preparation: Provide coaching and resources to help you succeed in your USCIS interview.
- Ongoing Support: Assist with any future immigration needs, including renewing your Green Card or applying for citizenship.
Embarking on the Adjustment of Status process can be complex, but with the right guidance and preparation, you can achieve your goal of becoming a lawful permanent resident in the United States. Faragalla Law is here to support you every step of the way.
Related Sections in Our Adjustment of Status Series:
- What is Adjustment of Status?
- Eligibility Requirements for Adjustment of Status
- Required Documentation for Adjustment of Status
- Understanding Form I-751 and Removing Conditions
- Frequently Asked Questions about Adjustment of Status
Explore these sections to gain a comprehensive understanding of the Adjustment of Status process.
Possible Problems
Common Challenges and Potential Pitfalls in the One Step Adjustment of Status Process
Navigating the One Step Adjustment of Status process can be intricate and challenging, especially without the guidance of an experienced immigration professional. This section highlights common issues that applicants may encounter, including Requests for Evidence (RFEs), delays, and denials. Being aware of these potential pitfalls can help you take proactive steps to avoid them.
1. Errors and Omissions in Application Forms
Common Issues:
- Incomplete Forms: Leaving sections blank or incomplete on forms like Form I-130, Form I-485, or Form I-864.
- 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 a Genuine Relationship
Common Issues:
- Lack of Supporting Documents: Not providing enough evidence to prove the genuineness of the relationship.
- 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 a bona fide relationship 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 Form I-751 to remove conditions within the 90-day window before the Green Card expires.
- Delayed Fee Payments: Not paying USCIS fees promptly.
Consequences:
- Application Abandonment: USCIS may consider the application abandoned.
- Loss of Status: Failure to remove conditions can result in loss of permanent resident status.
- 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: Petitioner 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: Petitioner doesn’t qualify financially and doesn’t secure a joint sponsor.
5. Medical Examination and Health-Related Issues
Common Issues:
- Incorrect Medical Procedures: Undergoing 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. Consular 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 relationship.
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 the petitioner.
11. Travel Issues During Processing
Common Issues:
- Traveling Abroad Without Advance Parole: Leaving the U.S. without approved Advance Parole can result in abandonment of the 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 join the petitioner permanently.
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-130 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 marriage certificate without proper certification.
How Faragalla Law Can Help You Avoid These Pitfalls
Navigating the Adjustment of Status process without professional assistance can be risky and may lead to costly delays or denials. At Faragalla Law, we offer comprehensive services to help you avoid these common pitfalls:
- Expert Legal Guidance:
- Personalized Consultation: We assess your unique situation to provide tailored advice.
- Up-to-Date Knowledge: Stay informed about the latest immigration laws and policies.
- Accurate Form Preparation:
- Proprietary Technology: Our advanced system electronically prepares all required forms based on your responses to a personalized questionnaire, minimizing errors and omissions.
- Thorough Review: Experienced attorneys review all documents for accuracy and completeness.
- Comprehensive Documentation Support:
- Evidence Gathering: Assistance in collecting and organizing strong evidence of your bona fide relationship.
- Financial Guidance: Help in meeting sponsorship requirements, including securing joint sponsors if necessary.
- Timely Communication:
- Deadline Management: We track all critical deadlines to ensure timely submissions.
- Responsive Communication: Promptly address any RFEs or inquiries from USCIS.
- Interview Preparation:
- Mock Interviews: Practice sessions to build confidence and prepare for potential questions.
- Cultural Sensitivity Training: Guidance on navigating cultural nuances during the interview.
- Problem Resolution:
- Inadmissibility Issues: Expertise in handling waivers and overcoming grounds of inadmissibility.
- Appeals and Motions: Representation in case of denials, including filing motions to reopen or appeals.
- Peace of Mind:
- Record Keeping: Maintain organized records of all submissions and communications.
- Ongoing Support: Continuous assistance from initial application through permanent residency and beyond.
Final Thoughts
The One Step Adjustment of Status process is intricate and filled with potential challenges that can be difficult to navigate without professional help. Mistakes can lead to significant delays, financial loss, and emotional stress. By entrusting your case to Faragalla Law, you benefit from our expertise, dedication, and commitment to achieving your immigration goals smoothly and efficiently.
