In the complex landscape of US immigration, the term “adjustment of status” (AOS) holds significant weight. For many immigrants, AOS represents not just a legal process but a pathway to new beginnings and opportunities. Continue reading to learn what adjustment of status is and why it’s important for immigrants and their families.
What Is Adjustment of Status in the United States?
Adjustment of status is a procedure allowing eligible individuals to become permanent residents while remaining in the United States. Instead of returning to their home countries to complete visa processing, applicants can transition to a green card within US borders. This process is valuable for those who have established lives, jobs, and families in the US, minimizing disruptions and ensuring continuity in their daily lives.
Understanding AOS is essential for immigrants, as it provides a legal pathway to permanent residency. Unlike the consular processing method, which necessitates leaving the country, AOS maintains the individual’s presence in the US during the approval period. This distinction makes AOS particularly attractive for immigrants with deep-rooted ties to the community and obligations that require their constant presence.
Eligibility Criteria for AOS
Not everyone qualifies for adjustment of status. You must meet specific eligibility criteria to apply for AOS.
Previous Lawful Entry
One of the primary requirements is the presence of an approved immigrant petition, such as Form I-130 (Petition for Alien Relative) or Form I-140 (Immigrant Petition for Alien Worker). Additionally, the applicant must be physically present in the United States and have entered the country lawfully, meaning through a valid visa or parole.
Maintained Lawful Status
Another critical aspect of eligibility is maintaining lawful status throughout the stay in the US. Unauthorized stay or violations of visa terms can disqualify an individual from applying for AOS. There are, however, exceptions and waivers available for certain inadmissibility factors, which can be complex and often require legal expertise to navigate.
Unique Situations
It’s also important to consider that certain categories of immigrants, such as refugees, asylees, and certain family members of US citizens, have unique pathways and considerations for AOS.
Importance of AOS for Immigrants and Their Families
The adjustment of status process is a lifeline for many immigrants, offering stability and security.
Opened Doors
By obtaining permanent residency, individuals gain the right to live and work in the United States indefinitely, opening doors to better employment opportunities, educational benefits, and social services.
Retained Bonds
For families, AOS means staying united without the fear of separation due to immigration status complications.
Sense of Belonging
AOS also provides a sense of belonging and integration into American society. Permanent residents can participate more fully in their communities, contribute to the economy, and enjoy the protections of US laws. This status lays the groundwork for eventually applying for US citizenship, with all the accompanying rights and privileges, including voting and eligibility for federal jobs.
Stability for the Future
Furthermore, the stability provided by AOS allows immigrants to plan for their futures with confidence. They can buy homes, start businesses, and invest in their children’s education, knowing that their residency status is secure. This peace of mind is invaluable for individuals who have faced uncertainty and challenges in their immigration journeys.
How To Apply for AOS
Applying for adjustment of status involves several steps, each requiring careful attention to detail.
Form I-485
The first step is submitting Form I-485 (Application to Register Permanent Residence or Adjust Status) to the US Citizenship and Immigration Services (USCIS). The applicant must also present supporting documentation, such as proof of identity, immigration status, and financial stability.
Biometrics Appointment
After submitting Form I-485, the applicant must attend a biometrics appointment to collect photographs, fingerprints, and signatures. This data is used for background checks and verifying the applicant’s identity.
It’s essential to keep all appointment notices and attend them promptly, as missing an appointment can delay the process.
An Interview
Following the biometrics appointment, USCIS may schedule an interview to further assess the application. During this interview, an officer will review the application and ask questions to verify the information provided.
Preparing for this interview by reviewing the submitted forms and documents is crucial for a smooth experience. Once the interview is complete, USCIS will make a decision on the application and notify the applicant of the outcome.
Common Mistakes To Avoid During the AOS Process
Navigating the adjustment of status process can be intimidating, and avoiding common pitfalls is critical to success.
Incomplete for Inaccurate Information
One frequent mistake is providing incomplete or inaccurate information on Form I-485. Double-checking all entries and ensuring that supporting documents are complete and accurate can prevent unnecessary delays or denials.
Losing Lawful Status
Another common error is failing to maintain lawful status while the application is pending. Engaging in unauthorized work or overstaying a visa can jeopardize the application. It’s crucial to remain compliant with all immigration regulations throughout the process and seek legal advice if any issues arise.
Missing Appointments or Deadlines
Additionally, missing appointments or deadlines is a significant pitfall. USCIS schedules biometrics and interviews with strict timelines, and failure to attend can result in application delays or rejection. Keeping track of all notices and responding promptly is essential to maintaining the application’s progress.
The Impact of AOS on Immigration Status
Upon approval, the applicant becomes a lawful permanent resident, receiving a green card as proof of their status. This change confers numerous benefits, including the ability to work legally, travel abroad, and access social services.
Additionally, green card holders can eventually apply for US citizenship, typically after five years of continuous residency. This progression opens the door to additional rights and privileges, such as voting in federal elections and obtaining a US passport.
Seeking Professional Support
Understanding what adjustment of status is and why it’s important is essential for immigrants seeking permanent residency in the United States. The benefits of AOS extend beyond legal status, offering stability, security, and opportunities for a brighter future.
For those embarking on this journey, seeking support from legal professionals and community resources can make a significant difference. At Gahagan Law Firm, we can help you navigate the path to permanent residency. With help from our immigration attorney in Louisiana, you can understand the complexities of the AOS process. We will be happy to provide support every step of the way. Contact us today for optimistic and realistic legal assistance from people who care about you and your situation. We look forward to working with you.