Adjustment of Status :The Immigration and Nationality Act (INA) allows an individuals to change immigrant status from non-immigrant status to permanent status, while remaining in the United States
Eligibility to Adjust Status while remaining in U.S. : Only those individuals who were inspected and admitted or paroled into the Untied States have met all other required qualifications are a green card (Permanent residence) in a particlular category. The common term for Change of Status is Adjustment of Status (“AOS”).
There are two ways an individual can adjust his status to permanent resident and or Green Card Holder:
Adjustment of Status (AOS) or Consular Processing : While AOS allows and eligible individual, who is present in the U.S. to adjust his status from Non-immigratant category to Permanent Green Card, without the need for leaving the United States, Consular processing is an alternate process for an individual outside the United States to obtain a visa abroad and enter the United States as a permanent resident.
If the you are a beneficiary of an approved I-130 (Family based) or I-140 (Employment based) or I-360 (Special Immigrant Category) and the priority date is current, you may be eligible to apply for adjustment of status if you are already in the U.S.
First step in the adjustment of status process, is to determine, if you are eligible to obtain green card under any of the catogories designated for immigration benefit, such as Family based, employment based or special classes of immigrant or Humanitarian basis;
Second Step involves the process of filing the petition with supporting evidence under category in which you are eligible:
- Family Based: Family based categories require that U.S. Citizen or permanent resident relative file a Form I-130 Petition for Alien Relative, on your behalf;
- Employment Based: Require the intending U.S. employer to file a Form I-140, Petition for Alient Worker, on your behalf. Enterpreneurs, who intend to invest significant amount of capital into a business venture in the United States may file Form I-526, Immigrant Petition by Alien Entrepreneur” on their own behalf.
- Fiance(e) You are admitted to the United States as the K-1 fiance'(e) of a U.S. Citizen and married to U.S. Citizen petition within 90 days of admission to U.S., you may apply for adjustment of status from K-1 to that of permanent resident;
- Special Classes of Immigrant: Certain immigrants may file a Form I-360, Petition for Aberasian, Widow(er), and Special Immigrant, have one filed on their behalf
- Asylee/Refugee: If you have an approved asylum petition and have been in U.S. for at least one year and continue to qualify in the given status as asylee or refugee or as the spouse or child of an asylee
Third step in the adjustment of status process, is to check, if the Visa is available for the category, in which you are filing or have filed. If you are eligible for a category in which visa availability is current, you may file Application to Register Permanent Residency or Adjust Status, concurrently with the immigrant petition.
In the event Visa is not available for the immigrant category, in which immigrant petition is filed on your behalf, you will not be able to file I-485, Application to Register Permanent Residency or Adjust Status.
Fingerprinting: Once you file your application to register permanent residency or adjust status, you will receive notice to appear for finger printing at one of the Application Support Center, close to your home. You must promptly appear for your finger printing and expect to present valid Identification Card or valid Passport;
Interview: After the fingerprinting, you should expect to receive an interview date in the mail. You are expected to appear for your interview date with the Immigration officer at the date, time and place designated in the interview /appointment letter, you recieve in the mail. At the time of the interview, take family member that filed the Form I-130 on your behalf. Make sure to take all original documents along with you including Valid passport, I-94 and any employment authorization forms, you may have received from Immigration office, while waiting for your interview.
Some of the immigrant categories applicant are not set for interview and candidate may receive green cards, without the need of interview. Sometime, its discretionary for USCIS to set up interview of the applicant/petitioner or not, for certain categories.
At the Kalra Law Firm, we understand the complexities of filing for an adjustment of status, and we will help you prepare your case and get ready for your interview. Our goal is to ensure that the AOS process is goes as smoothly as possible for you and your family.
Call the Kalra Law Firm today to schedule an appointment to discuss your AOS qualifications and how to obtain permanent legal residency within the United States. (310) 325-9012.