
Understanding Adjustment of Status
With the Process of Adjustment of Status (AOS), certain non-citizens who are currently in the United States can apply for lawful permanent residency, also known as a "green card," without having to leave the country. This process is often utilized by individuals who initially entered the U.S. with a temporary visa, such as for study or work, and now seek to establish permanent residence.
This comprehensive guide will delve into the nuances of applying for an adjustment of status, highlighting the necessary steps, documentation, and considerations involved. For those outside the U.S., consular processing serves as the alternative method, where the green card application is handled by a U.S. consulate or embassy. While both processes require similar forms and face comparable costs, each has distinct timelines and procedural differences. Understanding whether AOS or consular processing best suits your situation is crucial, and further details can be found in our guide comparing the two methods. This information is essential for anyone looking to transition from temporary resident status to permanent residency in the U.S.
Navigating the Adjustment of Status Process
Steps to Obtain a Green Card via AOS:
- Verify Green Card Eligibility: Ensure you meet all criteria for the green card you are applying for.
- File the Necessary Petition:
- Family-Based Green Card: Submit Form I-130.
- Employment-Based Green Card: Submit Form I-140.
- Humanitarian Applications: Submit Form I-730.
- Wait for Petition Approval: Approval times can range from several months to over a year based on various factors including your category and individual circumstances.
- Check Visa Availability: Once your petition is approved, check for visa availability in your category. Immediate relatives of U.S. citizens may not face a wait, while others could wait years.
- File for Adjustment of Status: Submit Form I-485. Consider applying for a work permit and an advance parole travel document to maintain employment and travel capabilities during the processing period. Be aware of potential fee increases for these documents under new USCIS proposals.
- Attend Biometrics Appointment: USCIS will schedule an appointment for fingerprinting and an eye scan.
- Possible Interview: An in-person interview may be required, where you’ll answer questions under oath about your application.
- Respond to Requests for Additional Evidence: USCIS may request more information or a follow-up interview.
- Receive a Decision: Typically, a decision is made within 90 days of the interview. You can track your case status online. Approval will be followed by a notice and then the physical green card.
This step-by-step guide is designed to assist you through the complex process of adjusting your status and obtaining a green card while in the United States. Each step is crucial and requires careful attention to detail to ensure a successful application.
Costs Involved in the Adjustment of Status Process
Obtaining a green card through Adjustment of Status (AOS) involves several fees throughout the application process. Initially, you'll cover the costs associated with your specific petition. For instance, filing the I-130 petition typically costs $675. Fees vary depending on the petition type, so it's important to consult the filing instructions to ensure the correct fee is paid.
Once your Form I-130 is approved, the next step involves paying the filing fee for Form I-485. For most applicants, this fee totals $1,440, plus an additional $85 for biometrics. Children under 14 years old pay a reduced fee of $950 when filing with a parent’s I-485, or the full $1,440 if filing independently. Refugees are exempt from these fees when filing Form I-485.
Understanding the Timeline for Adjustment of Status
The timeline for completing the Adjustment of Status process can vary widely. Factors influencing the duration include the type of application, the specific USCIS service center handling the case, and the applicant’s individual circumstances. USCIS updates processing times quarterly, but for more detailed and frequent updates, organizations like Boundless provide monthly analyses of USCIS data by field office.
Depending on these factors, obtaining a green card through AOS can be lengthy. Being aware of the current processing times and planning accordingly can help manage expectations and prepare for any delays. It's also useful to stay informed through reliable sources that track these times closely, ensuring you have the most current information regarding your application process.
Timeline for AOS Marriage Green Card
The processing times for Adjustment of Status (AOS) for a spouse of a U.S. citizen currently range between 10 to 23 months. For spouses of U.S. green card holders, the expected timeline is slightly longer, ranging from 13.5 to 20.5 months. These durations can vary based on individual case specifics and USCIS workload.
From K1 Visa to Marriage Green Card Timeline
Once a K-1 visa (Fiancé Visa) is approved, the timeline to transition to a marriage green card typically spans 10 to 23 months. It's important to note that the current average processing time for K-1 Visa approvals stands at 12.2 months, significantly extending the overall timeline from past averages. For those seeking AOS from other visa categories, USCIS provides an online tool that offers estimated processing times based on the specific form type.
Eligibility Requirements for Adjustment of Status
To apply for Adjustment of Status (AOS), you must qualify for a green card under one of the following categories:
- Family-Based: Eligibility includes being the spouse, child, parent, or another close relative of a U.S. citizen or green card holder.
- Employment-Based: You may qualify through employer sponsorship or based on your own professional achievements and skills.
- Other Pathways: Options include humanitarian grounds, diversity lottery winners, and other specific categories.
Understanding these categories and the corresponding timelines is crucial for planning your application strategy and managing expectations during the AOS process.
Adjustment of status is a process available for certain types of marriage-related visas, which include:
- IR6/CR6 for spouses and IR7/CR7 for accompanying children, when the sponsor is a U.S. citizen.
- F2A category (F26 for spouses; F27 for children), when the sponsor is a legal permanent resident (green card holder).
- CF1 for spouses and CF2 for children, when the sponsor is a U.S. citizen and the foreign spouse is adjusting status from a K fiancé visa.
Additional Requirements for Adjustment of Status
To be eligible for Adjustment of Status (AOS), you must have entered the United States with a valid visa or through the Visa Waiver Program. Most applicants need to maintain lawful status at the time of applying for AOS, although this status may expire as the AOS process unfolds. A notable exception exists for those adjusting status through marriage to a U.S. citizen: you may proceed with AOS even if you have overstayed a visa, provided your initial entry into the U.S. was lawful.
For spouses or immediate relatives of U.S. citizens, there is no cap on the number of green cards issued, enabling faster processing. However, those applying under family preference categories or as relatives of green card holders might experience significant delays due to caps. It is crucial to check your priority date to understand when you might be eligible to apply. Applicants seeking a green card through employment or other grounds should also prepare for potential waits. The Visa Bulletin can provide current information regarding visa availability and expected timelines, helping applicants plan accordingly.
Visa Bulletin Update for Spouses of U.S. Green Card Holders (2023)
The April 2023 Visa Bulletin brought notable changes for the F-2A category, which includes spouses of U.S. green card holders. For the first time in years, the "Final Action Dates" for F-2A applications have shifted from being "current" due to an increasing backlog. The "Final Action Dates" indicate when applications with certain priority dates are ready to be processed by USCIS.
Despite this shift, the "Dates for Filing" remain current, allowing spouses of green card holders to continue submitting their Adjustment of Status applications. However, the actual review of these applications (Form I-485) will be on hold until the priority dates become current again. Specifically, the priority date for Mexican applicants has regressed to November 1, 2018, and for all other applicants to September 8, 2020. This adjustment suggests that processing times for spouses of green card holders may see a significant increase. Keep an eye on our monthly Visa Bulletin report for further updates and details.
90-Day Rule for Green Card Applicants
When you're in the U.S. on a temporary visa and eligible for a green card, it's crucial to be aware of the 90-day rule. This guideline is used by U.S. Citizenship and Immigration Services (USCIS) to assess whether applicants for Adjustment of Status (AOS) may have misrepresented their original intentions upon entering the U.S.
Many visas, such as the F-1 student visa or B1/B2 visitor visas, are issued under the condition that the holder does not intend to immigrate permanently. In contrast, visas like the H-1B and L-1 are categorized under "dual intent" and permit holders to pursue permanent residency.
Applying for AOS on a visa that does not support dual intent within 90 days of arrival in the U.S. could signal to USCIS that you had preconceived plans to immigrate, potentially leading to the rejection of your application or the revocation of your current visa.
The 90-day rule allows USCIS officers to presume misrepresentation of intent if an individual adjusts their status within this period. Overcoming this presumption can be challenging, requiring substantial evidence to convince the officer of your initially genuine non-immigrant intent.
Even beyond the 90-day threshold, USCIS officers may use discretion in evaluating intent. However, the likelihood of encountering issues decreases significantly if you wait more than 90 days after arrival to file for AOS. Being mindful of this rule is essential for maintaining your eligibility and ensuring the successful processing of your green card application.
Tracking the Status of Your Adjustment of Status Application
You can monitor the progress of your green card application by entering your case number on the USCIS website. This service provides continuous updates, including notification of approval.
What to Expect After Receiving Your Green Card
Congratulations! Getting your green card is a huge accomplishment. With this status, you gain the freedom to work and live anywhere in the United States, travel internationally, and return without issues, and it sets you on the path toward U.S. citizenship.
If your green card was obtained through a recent marriage, you might initially receive a conditional green card valid for two years. As you approach the end of this period, you'll need to apply to convert your conditional status to a permanent 10-year green card.
Eligibility for U.S. citizenship typically occurs after you have been a green card holder for 3 to 5 years, depending on your circumstances. To qualify for citizenship, you must fulfill several requirements, including paying taxes, avoiding criminal convictions, and not leaving the U.S. for long periods without a reentry permit. These steps ensure your transition from permanent resident to citizen is smooth and compliant with U.S. laws.
Travel Considerations During the Adjustment of Status Process
If you're in the process of adjusting your status, it's crucial to understand the implications of leaving the United States. Departing the U.S. during the Adjustment of Status (AOS) process without proper authorization can lead to the assumption by U.S. authorities that you have abandoned your green card application. This would require you to initiate the entire application process anew.
To safely travel abroad without jeopardizing your pending application, you can apply for an "advance parole" travel document. This document permits you to leave and then re-enter the U.S. without disrupting the continuity of your AOS process. It's essential to secure advance parole before your departure to ensure that your reentry into the U.S. is smooth and your adjustment of status continues unaffected.