Adjustment of Status (AOS) is a process provided under United States immigration law allowing eligible individuals already in the U.S. on a non-immigrant visa to apply for lawful permanent resident status (Green Card) without having to return to their home country to complete visa processing. This procedure is conducted through U.S. Citizenship and Immigration Services (USCIS).
Requirements for Adjustment of Status
Eligibility Criteria
To be eligible for AOS, applicants generally must:
- Be physically present in the U.S.
- Have a lawful entry into the U.S.
- Be eligible for a Green Card through an immigrant category (e.g., family sponsorship, employment-based categories).
- Not have engaged in unauthorized employment or otherwise violated the terms of their non-immigrant status.
Documentation
Applicants must submit:
- Form I-485 (Application to Register Permanent Residence or Adjust Status).
- Proof of eligibility in an immigrant category.
- Compliance with medical examination requirements.
- Financial support documents, if necessary.
The Adjustment of Status Procedure
Steps
- Application Submission:
- Submission of Form I-485 and other necessary documentation to USCIS.
- Biometric Services Appointment:
- Attendance at an appointment to provide fingerprints, photographs, and a signature.
- Interview:
- Attendance at an interview, if required, with a USCIS officer.
- Adjudication:
- USCIS reviews the application and documentation, making a decision to approve or deny the application.
Possible Outcomes
- Approval: The applicant is granted lawful permanent resident status and receives a Green Card.
- Denial: The applicant may be placed into removal proceedings or may appeal the decision depending on the circumstances.
Historical Context and Legal Basis
Evolution
The concept of adjusting one’s status has been part of U.S. immigration law for decades, evolving from the Immigration and Nationality Act of 1952 to its current form. Legislative modifications have continually shaped eligibility, application procedures, and interagency cooperation.
Legislative Framework
Adjustment of Status is governed by:
- Immigration and Nationality Act (INA) Section 245.
- Code of Federal Regulations (CFR), Title 8.
Applicability and Examples
Use Cases
- Family-based Applications: Immediate relatives of U.S. citizens (spouses, children, parents).
- Employment-based Applications: Individuals with approved employment-based immigrant petitions.
- Special Immigrant Categories: Refugees, asylees, and others eligible under specific immigrant categories.
Comparisons and Related Terms
Related Processes
- Consular Processing: Immigrants who apply for Green Cards outside the U.S. through a U.S. Consulate or Embassy.
- Change of Status: Changing from one non-immigrant visa classification to another non-immigrant visa classification.
Frequently Asked Questions (FAQs)
What happens if my Adjustment of Status application is denied?
If an AOS application is denied, the applicant may receive a Notice to Appear (NTA) for removal proceedings. Appeal options depend on the basis of denial and the applicant’s circumstances.
Can I work while my Adjustment of Status application is pending?
Applicants can apply for an Employment Authorization Document (EAD) using Form I-765 concurrently with Form I-485 to work while the AOS application is pending.
How long does the Adjustment of Status process take?
The duration varies based on individual circumstances, USCIS workload, and applicant’s eligibility. It typically ranges from several months to over a year.
References
- U.S. Citizenship and Immigration Services (USCIS) - Adjustment of Status
- Immigration and Nationality Act (INA) - INA Section 245
- Code of Federal Regulations (CFR), Title 8 - 8 CFR
Summary
Adjustment of Status is a critical pathway for non-immigrants in the U.S. to obtain legal permanent resident status without leaving the country. By navigating the eligibility requirements, adhering to the procedural steps, and understanding the historical and legal backdrop, applicants can successfully transition from a non-immigrant visa to a Green Card, contributing to their broader goals of living and working in the United States.
This entry provides a comprehensive overview of the term “Adjustment of Status,” meeting our objective to inform readers on this important immigration process.
