Ultimate Guide to Apply for Adjustment of Status (AOS)

Filing for an Adjustment of Status (AOS) is a process by which certain nonimmigrants can apply for a green card without leaving the United States. AOS applications are submitted to U.S. Citizenship and Immigration Services (USCIS) and must include extensive documentation and fees.

AOS applications can be complex and time-consuming, so it is important to seek legal advice from an experienced immigration attorney. An attorney can help you determine if you are eligible for AOS, assemble the required documentation, and file your application correctly.

There are several benefits to filing for AOS, including:

• The ability to stay in the United States while your application is pending
• The ability to work and travel freely within the United States
• The ability to apply for a green card for your spouse and children

1. Eligibility

Eligibility is a crucial aspect of applying for AOS. Nonimmigrants must meet specific criteria to be eligible, including:

• Valid visa: You must have a valid nonimmigrant visa that allows you to stay in the US temporarily. You cannot apply for AOS if your visa has expired or if you have violated the terms of your visa.
• Physical presence: You must be physically present in the US when you file your AOS application. You cannot apply for AOS if you are outside the US, even if you have a valid visa.
• Immigrant petition: You must have an approved immigrant petition filed on your behalf. This petition can be filed by a US citizen or lawful permanent resident who is your spouse, parent, child, or sibling.

If you do not meet these eligibility requirements, you will not be able to apply for AOS. It is important to consult with an experienced immigration attorney to determine if you are eligible for AOS before filing an application.

2. Documentation

The documentation required for an AOS application is extensive and can be challenging to gather. However, it is essential to provide all of the required documentation in order to increase your chances of approval. The following are some of the most important types of documentation that you will need:

• Proof of identity: This includes your passport, birth certificate, and driver’s license.
• Legal status: This includes your visa, I-94 card, and any other documents that show your legal status in the US.
• Financial support: This includes proof of your income and assets. You may need to provide tax returns, bank statements, and employment letters.
• Medical history: This includes your immunization records and any other medical records that are relevant to your application.

It is important to note that the documentation requirements for an AOS application can vary depending on your individual circumstances. It is always best to consult with an experienced immigration attorney to determine what documentation you will need.

Providing all of the required documentation is essential for increasing your chances of approval for an AOS application. By being prepared and organized, you can make the application process smoother and more efficient.

3. Fees

The fees associated with filing an AOS application can be a significant financial burden for many applicants. The filing fee alone is $1,140, and there are additional fees for biometrics, immigrant visa processing, and other services. These fees can add up quickly, especially for families with multiple applicants.

However, it is important to remember that the fees are a necessary part of the AOS process. The fees help to cover the costs of processing applications, conducting background checks, and issuing green cards. Without these fees, the government would not be able to provide the services that are necessary to process AOS applications.

There are a few things that applicants can do to reduce the cost of filing an AOS application. First, applicants should try to file their applications on their own, without the help of an attorney. Attorneys can charge significant fees for their services, which can add to the overall cost of the application. Second, applicants should try to gather all of the required documentation on their own. This can save time and money, as applicants will not have to pay an attorney to help them gather the necessary documents.

Despite the costs, filing an AOS application is an important step for many nonimmigrants who wish to obtain a green card. By understanding the fees associated with the process, applicants can be better prepared to budget for the costs and take steps to reduce the overall cost of the application.

4. Processing Time

The processing time for AOS applications can vary significantly depending on a number of factors, including the applicant’s country of origin, the type of application, and the workload of the USCIS. In general, however, AOS applications take several months or even years to process. This can be a frustrating and stressful time for applicants, who are often eager to obtain their green cards and move on with their lives.

• Factors that affect processing time

  There are a number of factors that can affect the processing time for AOS applications. These factors include:

  • Country of origin: AOS applications from certain countries are processed more quickly than applications from other countries. This is due to a number of factors, including the volume of applications from each country and the availability of resources to process applications.
  • Type of application: Some types of AOS applications are processed more quickly than others. For example, applications from immediate relatives of US citizens are typically processed more quickly than applications from other categories of applicants.
  • Workload of the USCIS: The USCIS is responsible for processing all AOS applications. The workload of the USCIS can vary depending on a number of factors, including the number of applications received and the availability of resources to process applications.
• Tips for expediting the processing time

  There are a few things that applicants can do to expedite the processing time for their AOS applications. These tips include:

  • File a complete application: Make sure that your AOS application is complete and accurate. This will help to avoid delays in processing.
  • Respond to requests for evidence quickly: If the USCIS requests additional evidence, respond to the request as quickly as possible. This will help to keep your application moving forward.
  • Contact your congressman or senator: If you have been waiting for a long time for your AOS application to be processed, you may want to contact your congressman or senator. They may be able to help you expedite the process.

It is important to be patient when waiting for your AOS application to be processed. The processing time can be lengthy, but it is important to remember that the USCIS is working to process applications as quickly as possible.

Frequently Asked Questions about Applying for Adjustment of Status (AOS)

Applying for AOS can be a complex process, and there are many common questions that people have. Here are answers to some of the most frequently asked questions about AOS:

Question 1: What are the eligibility requirements for AOS?

Answer: To be eligible for AOS, you must be a nonimmigrant who has been lawfully admitted to the United States, have an immigrant petition approved on your behalf, and be physically present in the US when you file your application.

Question 2: What documents are required to apply for AOS?

Answer: The documents required for an AOS application vary depending on your individual circumstances. However, some of the most common documents include your passport, birth certificate, visa, I-94 card, and proof of financial support.

Question 3: How much does it cost to apply for AOS?

Answer: The fees associated with filing an AOS application can vary depending on the type of application and the number of applicants. However, the filing fee alone is $1,140, and there are additional fees for biometrics, immigrant visa processing, and other services.

Question 4: How long does it take to process an AOS application?

Answer: The processing time for AOS applications can vary significantly depending on a number of factors, including the applicant’s country of origin, the type of application, and the workload of the USCIS. However, in general, AOS applications take several months or even years to process.

Question 5: Can I work while my AOS application is pending?

Answer: Yes, you can work while your AOS application is pending. However, you must have a valid work permit, such as an Employment Authorization Document (EAD).

Question 6: What happens if my AOS application is denied?

Answer: If your AOS application is denied, you may be able to appeal the decision or file a motion to reconsider. However, it is important to consult with an experienced immigration attorney to discuss your options.

Summary of key takeaways or final thoughts: Applying for AOS can be a complex and time-consuming process. However, it is important to be patient and to gather all of the required documentation. By understanding the process and the requirements, you can increase your chances of success.

Transition to the next article section: If you are considering applying for AOS, it is important to consult with an experienced immigration attorney. An attorney can help you to determine if you are eligible for AOS, assemble the required documentation, and file your application correctly.

Tips for Applying for Adjustment of Status (AOS)

Applying for AOS can be a complex process, but there are a few things you can do to increase your chances of success.

Tip 1: Gather all of the required documentation.

The documentation required for an AOS application is extensive, so it is important to start gathering it as early as possible. The USCIS website provides a list of all the required documents, and it is important to make sure that you have everything before you file your application.

Tip 2: File your application correctly.

The AOS application is complex and there are many common mistakes that people make. It is important to carefully review the instructions and make sure that you are filling out the application correctly. If you are not sure about something, it is best to consult with an immigration attorney.

Tip 3: Be patient.

The AOS process can take several months or even years to complete. It is important to be patient and to understand that the USCIS is working as quickly as possible to process applications.

Tip 4: Keep your passport and visa valid.

Your passport and visa must be valid throughout the AOS process. If your passport or visa expires, you will need to file a new application and pay additional fees.

Tip 5: Be prepared for an interview.

Most AOS applicants will be required to attend an interview with a USCIS officer. The interview is an opportunity for the officer to ask you questions about your application and to verify your identity. It is important to be well-prepared for your interview and to bring all of the required documentation with you.

Summary of key takeaways or benefits:

By following these tips, you can increase your chances of success when applying for AOS. The process can be complex and time-consuming, but it is important to be patient and to understand the requirements.

Transition to the article’s conclusion:

If you are considering applying for AOS, it is important to consult with an experienced immigration attorney. An attorney can help you to determine if you are eligible for AOS, assemble the required documentation, and file your application correctly.

Final Thoughts on Applying for Adjustment of Status

Applying for Adjustment of Status (AOS) can be a complex and time-consuming process, but it is an important step for many nonimmigrants who wish to obtain a green card. By understanding the process and the requirements, you can increase your chances of success.

If you are considering applying for AOS, it is important to consult with an experienced immigration attorney. An attorney can help you to determine if you are eligible for AOS, assemble the required documentation, and file your application correctly.

The AOS process can be challenging, but it is also an opportunity to start a new chapter in your life. By following the tips in this article and working with an experienced immigration attorney, you can increase your chances of success.