6 Essential Steps in Applying for Your Adjustment of Status in the US
If you’re looking to obtain permanent residency or a “green card” in the United States, adjustment of status (AOS) is the final step. AOS allows individuals who are already in the US to apply for permanent residency, rather than having to go through the lengthy and complex process of applying for a visa from outside the country.
Apply for Adjustment of Status Under these Situations
These are the situations in which an individual can apply for permanent residency through AOS.
- If you entered the US on a K1 visa as a fiancé(e), you can apply for AOS.
- if you are the beneficiary of an approved asylum petition.
- If you wish to currently file an employment-based petition or are the beneficiary of an already approved employment-based immigration petition, such as an EB1-EA, EB1-OR, EB1-ET, EB2, National Interest Waiver, EB3, EB4, or EB5 petition
- If you are a spouse of a US citizen,
- If you are a relative of a US citizen or permanent resident whose priority date is current
- If you are the spouse or child of an abusive US citizen or permanent resident.
- If you are a Green card lottery winner who is currently physically present in the US
- If you are a continuous resident of the US since before January 1, 1972
One of the benefits of applying for AOS is that an applicant can also apply for a work permit and advance parole at the time the adjustment application is made. This allows applicants to travel in and out of the US during the pendency of the AOS application and to work while waiting for their application to be processed.
Adjustment of Status is an important step towards obtaining permanent residency or a green card in the US. Understanding the eligibility criteria and requirements for the AOS application is crucial. By applying for a work permit and advance parole, applicants can ensure that their daily life is not disrupted while waiting for their AOS application to be processed.
Requirements in Applying for Your Adjustment of Status
If you are currently in the United States on a non-immigrant visa and wish to become a permanent resident, filing for a change of status through Adjustment of Status may be an option. It’s essential to have a top immigration law firm like The Cruz Law Office, the best immigration lawyer in San Diego, assist you with the process to ensure everything is in order. In addition, their legal expertise can help you navigate the complex paperwork and procedures in filing for Adjustment of Status.
The first crucial requirement for filing for Adjustment of Status is being physically present in the United States. Therefore, if you’re currently outside the country, you’ll need to obtain an immigrant visa at a United States Consular post in that country.
Second, to file for Adjustment of Status, your entry into the United States must have been legal, and you must have the necessary documents to prove it, such as an I-94.
Third, there may be exceptions to the legal entry requirement, such as section 245i, which a top San Diego immigration law firm like The Cruz Law Office can advise you on.
Fourth, an essential requirement is having an approved immigration petition, which includes the I-130 or I-140 Petition. It’s crucial to understand the paperwork and other details involved in this process, so seeking the assistance of a top immigration law firm in San Diego, like The Cruz Law Office, is recommended.
Fifth, the date your relative or employer filed the immigrant visa petition with USCIS, your “priority date,” must also be current to file for Adjustment of Status. You can check the current priority date in the Department of State’s monthly Visa Bulletin.
Lastly, the sixth requirement, you cannot file for Adjustment of Status if you were barred from the United States for illegal attempts to enter the country or immigration fraud. However, The Cruz Law Office, the best immigration lawyer in San Diego, can help you with any waivers that may apply so that you can seek an Adjustment of Status.
In conclusion, filing for Adjustment of Status can be a complex process. However, by following the six essential steps mentioned, you would definitely have a bigger chance of obtaining a green card and achieving permanent residency in the United States. Contact The Cruz Law Office, the best immigration lawyer in San Diego, to assist you with your Change of Status application.