Adjustment of Status Introduction
AOS, also known as the process of obtaining a green card, is a legal procedure that allows you to apply for becoming a legal resident of the United States when you are present in the country. This allows you to stay in the US while your application is being processed even when your visa has expired. So that you can receive the Greencard without returning home to complete the process.
Who is Eligible for Adjustment of Status?
While eligibility varies from different kinds of immigration status, a few fixed pointers should have to make him/her eligible for it. An applicant for an AOS should be living in the US with a valid visa and should not have entered the country illegally.
What steps are involved in the Adjustment of status?
- Check your eligibility to apply for a green card: U.S immigration services provide various visas depending upon what immigration status you hold. A green card can be applied through family employment, refugee, registry, human trafficking, etc.
- Filing of a relevant immigrant petition
- Checking the visa availability and filing up the I-485 form:
- Visit the nearest application support center: Applicants need to register their signature, fingerprint, and photograph along with supporting documents like a copy of a birth certificate, government-issued identification, current immigration category, affidavit of support.
- Visit the USCIS office for the interview
- Check your case status
AOS is quite a complex process and the processing timeline of it again depends under what category the applicant is applying for the visa, for example, for the family-based petition it is 8-14 months, for marriage-based, it is 10-13 months(if the spouse is a U.S Citizen) and for employment-based, it is 10-24 months.
What is Adjustment of Status Fees?
The filing fees for AOS is expensive and it varies from age group to age group. While the fees from age 14-18 if filing with the parent that it costs $ 750 and if filing without parent then it is $ 1140 and it same for people over 78 years of age. For people from another age group, it is $ 1225. Refugees are exempted from AOS fees.
Can Adjustment of Status be denied?
Yes, it can be denied. If the applicant doesn’t fulfill the eligibility criteria like you are an undocumented immigrant, or an S visa holder who entered the U.S as an informant or witness or you are traveling through the U.S to another country. A discretionary power has been granted to the secretary of the homeland by congress to deny AOS due to any facts related to a person’s character, family ties, conduct, or any other lawful ties pertinent to U.S immigration status, and therefore a clear scope is established as to what may be considered for discretion and what may not. Furthermore, if the applicant satisfies all eligibility requirements USCIS is required to approve the application.
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