The Process of Adjustment Of Status

The process of adjustment of status is one of the most important steps for applicants who wish to become lawful permanent residents in the United States. It is a complex process that involves various requirements and procedures that must be followed correctly to ensure a successful application. In this article, we will go in-depth about the process of adjustment of status and discuss the different requirements and steps that applicants must follow to achieve their goal.

What Is Adjustment of Status?

Adjustment of status is a process that allows certain nonimmigrants in the United States to become lawful permanent residents. This process is available to those who entered the US on a nonimmigrant visa and have maintained lawful status in the US. Adjustment of status is available to individuals who are married to US citizens or lawful permanent residents, as well as those who have an approved immigrant petition.

Who Is Eligible for Adjustment of Status?

To be eligible for the process of adjustment of status, an applicant must meet the following eligibility criteria:

1. The applicant must have entered the US lawfully on a nonimmigrant visa and have maintained lawful status throughout his or her stay in the country.

2. The applicant must not have engaged in any unauthorized employment or activities while in the US.

3. The applicant must be physically present in the US at the time of filing the application.

4. The applicant must be admissible to the US and must not have any criminal or immigration violations.

5. The applicant must have a qualifying relationship with a US citizen or lawful permanent resident, such as a spouse or child.

6. The applicant must have an approved immigrant petition, such as a family-based or employment-based petition.

The Application Process for Adjustment of Status

The process of adjustment of status involves several steps that applicants must follow to ensure successful application. Below are the different steps involved in the adjustment of status process.

Step 1: Determine eligibility

The first step in the process of adjustment of status is to determine if the applicant is eligible for the process. As previously mentioned, applicants must meet certain eligibility criteria to qualify for the process of adjustment of status.

Step 2: File the application for adjustment of status

Once it has been determined that the applicant is eligible for adjustment of status, he or she must file the appropriate form with the United States Citizenship and Immigration Services (USCIS). This form is known as Form I-485, Application to Register Permanent Residence or Adjust Status.

Step 3: Submit supporting documents

Along with the Form I-485, the applicant must also submit supporting documents that demonstrate his or her eligibility for adjustment of status. These may include birth and marriage certificates, employment records, tax returns, and other relevant documents.

Step 4: Attend biometric appointment

After submitting the application, the applicant must attend a biometric appointment to provide fingerprints, photographs, and other biometric information.

Step 5: Attend the interview

Once USCIS has reviewed the application and supporting documentation, the applicant will be scheduled for an interview with a USCIS officer. During the interview, the USCIS officer will ask questions about the applicant’s background, family, employment, and other relevant information.

Step 6: Receive a decision

After the interview, USCIS will review the application and issue a decision. If the application is approved, the applicant will be granted lawful permanent resident status. If the application is denied, the applicant may appeal the decision or file a new application.

Common Issues That Applicants Face During the Adjustment of Status Process

The process of adjustment of status is not an easy one, and applicants may face various challenges and issues during the process. Below are some of the most common issues that applicants may face during the adjustment of status process.

1. Delays in processing

One of the most common issues that applicants face during the adjustment of status process is delays in processing. USCIS is responsible for reviewing and approving adjustment of status applications, and they may take longer to process applications than anticipated.

2. Requests for additional evidence

USCIS may request additional evidence from applicants to support their application, which can delay the processing of the application. Applicants must ensure that they submit all necessary supporting documentation with their initial application to minimize the chances of a request for additional evidence.

3. Medical issues

Applicants must undergo a medical examination before their adjustment of status application can be approved. In some cases, an applicant may have a medical condition that could prevent their application from being approved.

4. Denial of the application

In some cases, an applicant’s adjustment of status application may be denied. This could be due to a variety of reasons, including criminal or immigration violations, failure to meet eligibility criteria, or submission of fraudulent documentation.

Conclusion

The process of adjustment of status is an important step for nonimmigrants who wish to become lawful permanent residents in the United States. It is a complex process that requires applicants to meet certain eligibility criteria, submit an application with supporting documentation, attend a biometric appointment and interview with a USCIS officer, and await a decision.

Applicants must be aware of the common issues that they may face during the process, such as delays in processing, requests for additional evidence, medical issues, and denial of the application. By following the correct procedures and ensuring that all eligibility criteria are met, nonimmigrants can successfully apply for adjustment of status and become lawful permanent residents in the United States.

An adjustment of status is a procedure which allows an individual to lawfully become a permanent citizen of the United States. After undergoing in an adjustment of status, a person is then able to work legally in the United States.

An immigrant can make an adjustment of status by filling out an application, which can be found of the Department of Homeland Security’s official website. A person will have to file a petition for an adjustment of status based on the reason they are looking to obtain a permanent status in the United States.

Common reasons to look into adjustment of status include: family members, employment, and if they were born before 1972.   An immigrant must be eligible to receive a visa as well as the permanent residency status. Adjustment of status is typically known as an AOS and it commonly known for as the process that is taken to receive a green card.