Adjustment of status (AOS) provides an affordable and convenient path for individuals already residing in the United States to apply for a Green Card without the need to return to their home country. For low-income families or individuals looking for a cheap way to secure permanent residency, the AOS process can significantly reduce costs compared to the more expensive consular processing. With the right preparation and knowledge of available resources, you can navigate this process in a cost-effective manner, ensuring your journey to U.S. permanent residency is smooth and affordable.
Whether you are seeking a green card through family, employment, or special circumstances, understanding the process, requirements, and documentation for the adjustment of status is essential. This article outlines the eligibility criteria, necessary documentation (including Form I-485), filing steps, and tips for managing your case affordably. It also highlights affordable options for low-cost legal aid, fee waivers, and other resources available to minimize the financial burden.
To successfully apply for adjustment of status and keep costs low, it's crucial to understand the eligibility criteria. Here are the key requirements:
Initial Requirements:
1. You must have been inspected, admitted, or paroled into the U.S.
2. You must be physically present in the U.S. at the time of filing, with a valid immigration status.
3. An approved immigrant petition (such as Form I-130 or I-140) is required unless you qualify for concurrent filing.
Visa Availability and Admissibility:
1. An immigrant visa must be available at the time of filing and approval.
2. You must be admissible to the U.S. and not subject to any bars such as unauthorized employment or overstaying your visa.
3. Immediate relatives of U.S. citizens (e.g., spouses, children) generally have a faster path to eligibility.
To ensure a smooth and affordable adjustment of status process, gathering the correct documentation is essential. Here’s a list of the key documents required:
Primary Forms:
1. Immigrant petition (Form I-130 or I-140) and Form I-485, Application to Adjust Status.
2. Form I-693, Medical Examination and Vaccination Record.
Appointment Essentials:
1. Government-issued photo ID.
2. Biometrics appointment notice, and any other documents required by USCIS.
Additional Documentation:
1. Two passport-style photographs.
2. Birth certificate or other acceptable proof of birth.
3. Proof of entry to the U.S. (e.g., visa or passport stamps).
4. Form I-864, Affidavit of Support (if required) to ensure you won’t become a public charge.
5. Criminal records, if applicable, and any court documents related to past charges.
6. Proof of relationship for family-based applications (marriage certificate, birth certificates for children, etc.).
The adjustment of status process involves completing and submitting Form I-485. Ensuring proper filing helps you avoid unnecessary costs and delays. Here's how to navigate this step affordably:
Check Visa Availability:
Before filing, confirm that a visa is available in your category. For family-based applicants, this often applies to spouses and immediate relatives of U.S. citizens.
Filing Fees and Waivers:
The standard I-485 filing fee is $1,140 plus an $85 biometrics fee, but low-income applicants can apply for a fee waiver using Form I-912. Check the USCIS Fee Schedule for the most up-to-date costs. If you qualify for a fee waiver, you can save hundreds of dollars on filing fees.
Filing Location and E-Notification:
Ensure you send your application to the correct filing location to avoid delays. Attach Form G-1145 if you wish to receive text or email updates on the status of your application.
Once you’ve filed your application, the next step is attending your biometrics appointment, followed by a potential interview. Here’s what to expect and how to prepare:
Biometrics Appointment:
USCIS will capture your fingerprints and photo at the biometrics appointment. Bring a government-issued ID and your appointment notice. If you need to reschedule, do so as soon as possible to avoid delays.
Interview Process:
Not all applicants will be required to attend an interview. If you do have an interview, be prepared to answer questions about your background and application. Bring copies of your application and any requested supporting documents.
Once your Form I-130, Petition for Alien Relative, is approved, it's a significant step toward becoming a lawful permanent resident. But what exactly happens next? Let's break it down:
If you're the immediate relative of a U.S. Citizen (spouse, parent, or unmarried child under 21):
Availability of Visas: There's no waiting period for an immigrant visa number because visas are immediately available to this group.
Next Steps:
Inside the U.S.: You can apply for a green card through an Adjustment of Status (Form I-485). This allows you to stay in the U.S. While your application is processed.
Outside the U.S.: You’ll need to go through consular processing. This involves attending an interview at a U.S. Embassy or consulate in your home country.
For those in family preference categories, the process is a bit different due to yearly visa limits:
Visa Bulletin: Check the Department of State's Visa Bulletin to determine if your priority date is current. This document indicates when you can proceed based on your category and country of origin.
Apply Accordingly:
Inside the U.S.: If your priority date becomes current, you can apply for Adjustment of Status.
Outside the U.S.: You’ll follow the consular processing route, just like immediate relatives.
Regardless of your category, after the I-130 approval, staying informed and taking timely action will help ensure a smoother transition to permanent residency.
For those navigating the adjustment of status process, traveling abroad requires careful attention to documentation.
Key Travel Requirement: Advance Parole
Before stepping on a plane, you'll need an advance parole document, a crucial travel permit you must secure before leaving the United States.
Leaving the U.S. Without this document results in your adjustment of status application being treated as abandoned. This could prevent you from re-entering the country.
How to Obtain Advance Parole
Form Filing: To obtain advance parole, you'll need to file Form I-131 (Application for Travel Document).
Concurrent Filing: This form can be submitted together with your adjustment of status application, known as Form I-485.
The good news is, there's no additional USCIS fee for filing the advance parole form alongside your I-485 application.
By securing advance parole, adjustment of status applicants can travel internationally without jeopardizing their application status. Always ensure to have your paperwork in order to avoid interruptions in your immigration journey.
Staying on top of your case is critical for avoiding unnecessary costs and delays. Here’s how to manage your case effectively:
Responding to Requests for Evidence (RFEs):
Always respond promptly to any RFEs from USCIS. This ensures that your case won’t be delayed or denied due to incomplete information.
Track Your Case Status:
You can check the status of your case online using your USCIS receipt number. Create a USCIS account to track your case in real-time.
Update Your Address:
If you move, update your address with USCIS within 10 days to avoid missing any critical notices.
Yes, applicants whose Form I-485 for adjustment of status has been denied do have options for appealing the decision. When the U.S. Citizenship and Immigration Services (USCIS) denies this application, individuals can seek recourse through administrative and judicial appeal processes.
Administrative Appeals: One potential avenue is to file a motion to reopen or reconsider the case with USCIS. This is an opportunity to present new evidence or argue that the original decision was made in error.
Judicial Appeals: If administrative remedies are exhausted, applicants may take their case to federal court for a judicial review of the decision, though this route is often more complex.
However, it's important to note that decisions related to consular processing of green cards, performed outside the U.S., are typically final and cannot be appealed through these processes. Always consider consulting with an immigration attorney to navigate the best course of action for your specific situation.
Once your application is approved, you will receive your green card and officially become a permanent resident. Here are the next steps you should take:
Receiving Your Green Card:
Your green card will arrive by mail a few weeks after your approval notice. Double-check the information on your card to ensure everything is correct.
Informing Your Employer:
Once you receive your green card, provide it to your employer as proof of work authorization.
Update Your Social Security Card:
If your Social Security card has the notation "VALID FOR WORK ONLY WITH DHS AUTHORIZATION," visit the Social Security Administration to get a new card without the restriction.
How long does it take to adjust status to permanent resident? It typically takes between 8 and 14 months for most applicants. Filing a complete application package and responding promptly to any requests can help speed up the process.
Is the adjustment of status process affordable for low-income families? Yes, low-income applicants can apply for fee waivers, access affordable legal aid, and use free resources to reduce costs significantly.
What documents are required for a family-based green card? For family-based applications, documents include proof of relationship (marriage certificate, birth certificates) and an Affidavit of Support (Form I-864).
Can I work while my adjustment of status application is pending? Yes, you can apply for an Employment Authorization Document (EAD) using Form I-765 to work legally while your AOS application is pending.
Adjustment of Status Attorney Near Me
Adjustment of Status Lawyer Near Me
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