When an individual is in the United States on a temporary visa and seeks to become a lawful permanent resident (LPR), they may apply for an adjustment of status (AOS). This process allows someone to change their status from non-immigrant to immigrant without needing to leave the U.S. and go through consular processing abroad. If you're navigating the U.S. immigration system and considering applying for a Green Card, it's essential to understand the requirements for Adjustment of Status. This blog post provides an overview of the key steps and eligibility criteria for AOS.

What is Adjustment of Status (AOS)?

Adjustment of Status (AOS) is the process through which a foreign national already in the United States can apply to become a permanent resident. Instead of leaving the U.S. to apply for an immigrant visa, the applicant can adjust their status while staying within the country.

Typically, AOS applicants are already in the U.S. on a temporary visa (such as a student visa, tourist visa, or work visa) and wish to transition to a Green Card holder. The adjustment process involves submitting an application to U.S. Citizenship and Immigration Services (USCIS) and waiting for approval.

Eligibility Requirements for Adjustment of Status

Not everyone in the U.S. is eligible to apply for AOS. To apply, an individual must meet the following key requirements:

1. Immigrant Visa Availability:  An applicant must have an available immigrant visa number for the category they are applying under. This could be based on a family relationship, employment, or refugee/asylum status. Immediate relatives of U.S. citizens (spouses, children, and parents) have visa numbers immediately available, while other categories may be subject to waiting periods.
2. Legal Entry into the U.S.:  The applicant must have entered the U.S. legally. This means they must have been inspected by a U.S. immigration officer when they arrived, even if they overstayed their visa or violated the terms of their stay after entering.
3. No Unauthorized Stay or Violations:  In most cases, applicants must not have overstayed their visa or violated the terms of their status in the U.S. without proper authorization. There are exceptions, such as for individuals seeking asylum or certain family-based applicants. However, unauthorized stay or other violations can complicate the AOS process or result in disqualification.
4. Eligibility Under a Specific Immigrant Category:  Applicants must be eligible for a Green Card under a specific immigrant category. The main categories for AOS include:  Family-Based; Employment-Based; Asylum or Refugee Status; and Diversity Visa (DV) Lottery.
5. No Serious Criminal History:  Applicants must not have a serious criminal history that would disqualify them from receiving a Green Card. Certain criminal convictions, such as for violent crimes or drug trafficking, could lead to denial of the AOS application.
6. Medical Examination: All applicants for Adjustment of Status must undergo a medical examination conducted by an approved civil surgeon. The medical examination helps determine whether the applicant has any communicable diseases or health conditions that would disqualify them from entering the U.S.
7. Financial Support:  The applicant must prove that they will not become a public charge (i.e., dependent on government assistance). The U.S. citizen or permanent resident sponsor typically needs to file an Affidavit of Support (Form I-864), showing that they can financially support the applicant.

The AOS process can take several months to over a year, depending on the applicant's category and USCIS processing times. Applicants should remain patient and prepared for delays.  While waiting for a decision on AOS, applicants may apply for work (Form I-765) and travel (Form I-131) authorization. This allows them to work and travel outside the U.S. without abandoning their application.  If the applicant is on a valid non-immigrant status while applying for AOS, they can maintain that status until they receive a decision. However, it's important not to violate the terms of that status while awaiting a Green Card.

Conclusion

Adjustment of Status is an essential route for many individuals who wish to become permanent residents of the U.S. without having to leave the country. Understanding the eligibility requirements, including legal entry, immigrant visa availability, and no significant violations, is key to navigating the AOS process smoothly.