What You Need to Know About the Adjustment of Status or AOS Process

August 15, 2024 – Lorena Rivas

What You Need to Know About the Adjustment of Status or AOS Process

Are you considering applying for an Adjustment of Status? The AOS process allows immigrants to become permanent residents in the United States without leaving the country. However, the application is long and complicated. Having a skilled immigration lawyer to help you through the process is crucial.

You might be searching for “immigration lawyers near me,“ hoping to find an experienced lawyer to help you through the AOS process. Led by Lorena Rivas, Rivas & Associates serves Oklahoma and all immigrants nationwide. With our staff as first-generation Americans and immigrants, we are deeply passionate about making your American dream an American reality.

In this blog, we explore the detailed steps and essential requirements for applying for Adjustment of Status, guiding you through the process of achieving a lawful permanent resident status in the United States. Keep reading to learn more, then contact us at (844) 37-RIVAS(844) 37-RIVAS to schedule a consultation.

What Is an Adjustment of Status?

An Adjustment of Status is the process of applying for a Green Card without leaving the U.S., allowing you to become a lawful permanent resident while staying in the country.

How Long Does the AOS Process Take?

Generally, the approval timeline ranges between one to three years. However, each case is unique, and some cases may take longer than others. If you are outside the U.S., you must go through consular processing to apply for a Green Card.

What Are the Eligibility Requirements?

Not everyone can apply for an Adjustment of Status to become a lawful permanent resident. Here are the general requirements:

  • Immigration officials must inspect and admit or parole you into the U.S. (unless you are applying via U-visa, T-visa, VAWA, asylum approval, 245i protection, parole-in-place, or special immigrant juvenile status, in which case this is not needed).
  • You must be physically present in the U.S. while your application is being processed.
  • You must be within the eligibility criteria throughout the application and approval process.
  • You must have entered the U.S. legally with valid documentation and contact with a U.S. immigration officer.
  • You should have no record of criminal activity (with some exceptions) or unauthorized employment (with some exceptions).
  • There must be no pending removal (deportation) charges against you.
  • If you entered on a K-1 fiancé visa, you must be married to the U.S. citizen who sponsored your petition.

Meeting these requirements is crucial during immigration proceedings.

Do you have questions about your eligibility? Our experienced immigration lawyers can address all your questions and concerns about the AOS process. Schedule a consultation to discuss your case and determine the best way forward.

The Application Steps

Although the process is a bit complicated, here’s a simplified overview of the application process:

  1. Hire an immigration lawyer to assist with your application.
  2. Determine if you meet the eligibility requirements.
  3. File an immigrant petition.
  4. Check if your desired immigrant visa is available.
  5. Have your lawyer file Form I-485.
  6. Attend your biometrics appointment at the Application Support Center.
  7. Go to your USCIS interview (if scheduled).
  8. Provide additional evidence (if requested).
  9. Monitor your case status.
  10. Receive an official decision on your status adjustment.

Documents Checklist for AOS Applications

Applying for a Green Card through Adjustment of Status can be complex. However, having the necessary documents ready can simplify the process. Here’s a helpful checklist to guide you through what you must gather for your AOS application.

Basic Required Documents

  • Form I-485, Application to Register Permanent Residence or Adjust Status: This is the main form you’ll submit. Make sure to fill it out completely and accurately.
  • Two Passport-Style Photos: These should meet the U.S. visa photo requirements.
  • Government-Issued Identity Document: A photocopy of a valid passport, birth certificate, or other document proving your identity.
  • Birth Certificate: If you don’t have a birth certificate, you can use other records such as church, school, or medical records. You will also need to provide proof that your birth certificate is not available.
  • Inspection and Admission, or Inspection and Parole Documentation: Proof of how you entered the United States. This might include your I-94 Arrival/Departure Record.
  • Form I-864, Affidavit of Support: This form shows that you have financial support from a sponsor if required.

Specific Situations

Depending on your specific situation, you might also need:

  • Certified Police and Court Records: If you have a criminal history, you must provide certified police and court records. These records should include all charges, arrests, and convictions.
  • Form I-601, Application for Waiver of Grounds of Inadmissibility: If applicable, for certain grounds of inadmissibility.
  • Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal: If applicable.
  • Documentation of Immigrant Category: For family-based applicants, this could include Form I-130, Petition for Alien Relative. For employment-based applicants, it could be a Form I-140, Immigrant Petition for Alien Worker.

Additional Tips

Here are a few additional tips to help streamline your AOS application:

  • Report of Immigration Medical Examination and Vaccination Record (Form I-693): Submitting this form with your I-485 can help prevent delays.
  • Proof of Continuous Lawful Status: You must show proof that you have been in the U.S. legally since you arrived.

By following this checklist and gathering all necessary documents, you’ll be one step closer to obtaining a Green Card. For detailed instructions and the latest updates, visit the official USCIS website.

Do You Need a Tulsa Immigration Attorney for Your AOS Application?

Mistakes in your application, even simple clerical errors, can lead to denials. An experienced immigration lawyer will handle the necessary paperwork and filing, helping you meet deadlines and complete forms correctly.

A knowledgeable immigration lawyer can also help with appeals, ensuring you have strong representation during the process. This guidance offers peace of mind, knowing your application is in skilled and experienced hands.

Never Face the System Alone with Rivas & Associates

At Rivas & Associates, we dedicate ourselves to helping families navigate the immigration system. Our experienced immigration lawyers in Tulsa, Oklahoma, can guide you through the AOS process with an attentive and personalized approach. We are well-versed in the intricacies of immigration law and can provide the necessary legal assistance.

We help immigrants seek legal status in the U.S. because we believe in providing hope when others don’t. We are committed to pursuing your American Dream and seek positive results for you and your family. Contact us at (844) 37-RIVAS(844) 37-RIVAS or fill out our secure online form to get started on your Adjustment of Status application.

Copyright © 2024. Rivas & Associates. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Rivas & Associates
2930 S. Yale Avenue
Tulsa, OK 74114
(844) 37-RIVAS(844) 37-RIVAS
https://www.rivasassociates.com/

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