Adjustment of Status: Why You Need an Attorney for Your Immigration Journey
What is Adjustment of Status?
Definition and Overview
Adjustment of Status (AOS) is a vital process for individuals seeking to become lawful permanent residents (green card holders) while remaining in the United States. This process allows applicants to change their immigration status from non-immigrant to immigrant without having to leave the country. The most common route for AOS is through family-based or employment-based petitions, making it a critical step for many aspiring permanent residents.
Adjustment of Status vs. Consular Processing
While Adjustment of Status enables applicants to adjust their status from within the U.S., consular processing requires individuals to apply for an immigrant visa at a U.S. embassy or consulate in their home country. Each method has advantages and eligibility requirements, but AOS is often preferred for convenience.
Eligibility for Adjustment of Status
To qualify for Adjustment of Status, applicants must meet specific eligibility criteria, including having an approved immigrant petition (Form I-130 or Form I-140) and being in the U.S. lawfully. Factors such as visa availability and the applicant’s immigration history also significantly determine eligibility.
The Benefits of Adjustment of Status
Staying in the U.S. During Processing
One of the primary benefits of AOS is that applicants can remain in the United States while their application is being processed. This is particularly advantageous for individuals facing challenges in their home country or those who wish to avoid extended travel.
Work Authorization and Travel While Adjusting Status
During the Adjustment of Status process, applicants can apply for an Employment Authorization Document (EAD) using Form I-765, allowing them to work legally in the U.S. Additionally, they can request advance parole to travel outside the U.S. without jeopardizing their application.
Why Legal Assistance is Crucial for Adjustment of Status Applications
Navigating Complex Immigration Laws
The U.S. immigration system is complex and ever-changing, making legal assistance essential. An experienced attorney can provide guidance on immigration law, helping applicants better understand the nuances of the adjustment process.
Paperwork, Deadlines, and Documentation
Completing and filing the necessary forms (such as Form I-485) is critical for a successful Adjustment of Status application. Please submit the correct documentation to avoid delays or even denial. An attorney can guide applicants through this paperwork-intensive process.
Avoiding Common Mistakes
Denials and Rejections Due to Incorrect Filings
Common mistakes in the Adjustment of Status applications can result in rejections or denials. Legal counsel can offer support to help applicants complete forms accurately and compile required documentation.
Representation in Case of Challenges
Requests for Evidence (RFEs) and Appeals
If USCIS issues a Request for Evidence (RFE), an attorney can assist in gathering documentation and responding to the request. Additionally, legal representation can provide essential support in navigating the appeals process if a case is denied.
Critical Steps in the Adjustment of Status Process
Filing Form I-485: Application for Permanent Residence
Gathering Required Documentation
The first step in the Adjustment of Status process is filing Form I-485. Applicants must gather various documents, including proof of eligibility, identity, and supporting Evidence.
Submission and Waiting Period
Once the application is submitted, applicants enter a waiting period where they await a decision from USCIS. This period can vary depending on individual circumstances and USCIS workloads.
The Biometrics Appointment
What to Expect and How to Prepare
After filing, applicants will receive a notice for a biometrics appointment. This appointment involves fingerprinting and photographing, which is essential for background checks. Proper preparation ensures a smooth appointment process.
The Interview with USCIS
Preparing for the Interview
Most Adjustment of Status applications require an in-person interview. Preparation is vital; applicants should review their applications and be ready to answer questions about their immigration history.
Common Questions Asked by USCIS Officers
During the interview, USCIS officers may ask about the applicant’s background, family ties, and the basis of their application. Understanding potential questions can help applicants feel more confident during this critical step.
Who is Eligible for Adjustment of Status?
Family-Based Adjustment of Status
Immediate Relatives of U.S. Citizens
Immediate relatives, such as spouses, children, and parents of U.S. citizens, are often eligible for Adjustment of Status without a lengthy waiting period, making this category a priority for many applicants.
Preference Categories for Other Family Members
Other family members, such as siblings and adult children of U.S. citizens or lawful permanent residents, may also qualify, but they often face longer waiting times due to numerical limitations.
Employment-Based Adjustment of Status
Sponsored by a U.S. Employer
Individuals who have a job offer from a U.S. employer can apply for AOS if their employer files an immigrant petition on their behalf. This is common for those in specialized fields requiring skilled labor.
Special Categories of Workers
Specific categories, such as extraordinary ability workers and multinational executives, may qualify for expedited processing through employment-based Adjustment of Status.
Humanitarian and Other Special Categories
Refugees, Asylees, and VAWA Self-Petitioners
Individuals who are refugees or asylees may apply for AOS after one year of being in the U.S. Victims of domestic violence may also qualify through the Violence Against Women Act (VAWA).
How Long Does the Adjustment of Status Process Take?
Factors that Influence Processing Times
USCIS Workloads and Backlogs
The time it takes to process an Adjustment of Status application can vary significantly based on USCIS workloads and any existing backlogs in specific categories.
Type of Visa and Priority Dates
Processing times may also depend on the type of visa being pursued and the applicant’s priority date. Regularly checking the visa bulletin can provide insights into current wait times.
Expedited Processing Options
When Can You Request Expedited Processing?
In certain situations, applicants may request expedited processing, such as in cases of humanitarian need or urgent financial circumstances. An attorney can provide insights on whether an applicant might meet eligibility requirements for this option.
Common Challenges and How to Overcome Them
Dealing with Requests for Evidence (RFEs)
What Triggers an RFE?
Requests for Evidence may be triggered by incomplete applications or insufficient supporting documentation. Understanding the common triggers can help applicants prepare better.
Responding to an RFE Correctly
Responding to an RFE requires careful attention to detail. Providing clear and complete Evidence is crucial to ensure timely adjustment of the Status process.
Denials and How to Appeal
Grounds for Denial
Adjustment of Status applications can be denied for various reasons, including ineligibility or failure to provide necessary documentation. Knowing these grounds can help applicants prepare their applications more effectively.
The Appeal Process and Legal Options
If a denial occurs, applicants have the right to appeal the decision. Legal representation can be beneficial for understanding options and navigating the appeals process.
Frequently Asked Questions about Adjustment of Status
What is the difference between Adjustment of Status and Consular Processing?
Adjustment of Status occurs within the U.S., while consular processing is conducted outside the U.S. at a U.S. embassy or consulate.
How long does Adjustment of Status take for family-based petitions?
Processing times vary, but family-based petitions typically take several months to over a year, depending on factors such as the relationship and current USCIS backlogs.
Can I work while my Adjustment of Status is pending?
Yes, applicants can apply for work authorization using Form I-765 while their AOS application is pending.
What happens if my Adjustment of Status is denied?
If your application is denied, you may appeal the decision or seek to reapply, depending on the circumstances of your case.
Is there an age limit for Adjustment of Status?
AOS has no specific age limit; however, applicants under 21 may have different eligibility criteria depending on their category.
How an Attorney Can Help You with Adjustment of Status
Expertise in Navigating Immigration Laws
An immigration attorney can offer guidance on the complexities of the Adjustment of Status process, helping applicants understand requirements and deadlines.
Preventing Delays and Ensuring Accuracy
Legal assistance can help applicants prepare accurate and complete applications, potentially minimizing delays.
Representation for Complicated Cases
Handling Appeals and Complicated Immigration Histories
For individuals with complicated immigration histories or facing potential challenges, having an attorney can make a significant difference in navigating the process and pursuing successful outcomes.
