In this text, we will discuss what adjustment of status is, how it works, the necessary requirements, the estimated completion time, who qualifies and who doesn’t qualify for this process.
Additionally, we will offer some important tips for a successful adjustment of status.
What is Adjustment of Status?
Adjustment of status is the process by which an immigrant applies for a change in their immigration status within the United States, without needing to return to their country of origin.
In other words, it’s a procedure designed for those who are temporarily present in the United States, such as students or temporary work visa holders, who wish to apply for another type of visa or even permanent residency, also known as a Green Card, without leaving the US.
Requirements for Adjustment of Status: how it Works
To apply for adjustment of status, it’s necessary to meet certain requirements established by U.S. immigration laws.
Although these requirements may vary depending on the visa category and individual circumstances, in general, it’s essential to:
- be legally present in the United States at the time of application;
- have an approved petition that makes you eligible for adjustment of status;
- meet all admissibility requirements, including health, moral character, and absence of immigration violations.
How Long Does Adjustment of Status Take?
The time needed to complete the adjustment of status can vary depending on several factors, such as the volume of applications and the visa category applied for.
Although the time varies according to each case, it’s possible to say that the process takes, on average, from six months to over a year to be completed.
Who Qualifies for the Adjustment of Status Process?
As we’ve already mentioned, the process offers a viable opportunity for various types of immigrants who wish to obtain a Green Card in the United States.
In this sense, there are several eligibility categories, including having a spouse or close relative who is an American citizen or permanent resident.
Additionally, individuals who have non-immigrant status in the United States, such as temporary work visa holders, students, or investors, may also be eligible for adjustment.
Another common category is for fiancé(e) visa holders of American citizens.
However, it’s important to emphasize that each case is unique and depends on individual circumstances.
Immigration laws are complex and subject to changes.
Therefore, it’s highly recommended to consult an immigration specialist, such as the D4U Immigration team, to evaluate the eligibility of each specific case.
Who Doesn’t Qualify for AOS?
Although adjustment of status is a valuable opportunity for many immigrants, it’s important to understand that there are certain situations where it’s not applicable.
For example, individuals who entered the United States without going through the border inspection process or those who have had significant violations of immigration laws may not be eligible.
Additionally, there are other specific circumstances in which this process is not a suitable option, such as:
- individuals who have been convicted of serious crimes;
- those who pose national security risks;
- those who have overstayed their authorized visa period;
- or those who are subject to certain specific prohibitions or restrictions according to immigration laws.
In these cases, it’s essential to seek legal alternatives and explore other available options to regularize immigration status in the United States.
Consulting an immigration specialist is crucial to understand the limitations and find the best solution for your specific situation.
The D4U Immigration team has experience in dealing with complex cases and can help you explore all available options according to current immigration laws.
Tips for a Successful Adjustment of Status
To increase your chances of success in the process, it’s important to follow some tips. These include:
1. Consult an Immigration Specialist
When dealing with such an important and complex process as adjustment of status, it’s highly recommended to seek guidance from a qualified immigration specialist.
An experienced professional will have in-depth knowledge of U.S. immigration laws and regulations, as well as the latest updates and changes in USCIS (U.S. Citizenship and Immigration Services) policies.
Learn about D4U Immigration services!
2. Organize your Documentation
Proper preparation and organization of your documentation are crucial to streamline the status adjustment process.
Make sure you have all relevant documents on hand, such as:
- proof of identity;
- proof of marital status;
- employment records;
- educational and financial history;
- among others.
Organize them clearly and easily accessible, ensuring they are complete and up-to-date, as this helps avoid unnecessary delays and facilitates your immigration specialist’s work when preparing your petition.
3. Be Honest and Accurate
When filling out forms and providing information during the adjustment process, it’s essential to be accurate, complete, and above all, honest in all details.
Any false, misleading, or intentionally omitted information can result in serious consequences, including denial of your application and even the possibility of facing future legal implications.
Therefore, provide accurate and verifiable information, be prepared to present supporting documentation when necessary, and seek to cooperate fully with USCIS throughout the entire process.
4. Monitor your Process
Stay attentive to updates on your adjustment of status case and be prepared to promptly respond to any additional requests for information or documentation from USCIS.
This includes keeping your addresses up-to-date to ensure you receive all important correspondence and notifications related to your process.
Closely monitoring the status of your case and promptly responding to any requests will help avoid unnecessary delays and ensure that your process progresses efficiently.
5. Stay Informed
The field of immigration is subject to constant changes, including updates to immigration laws and regulations.
Therefore, it is of utmost importance that you stay informed about the latest changes in immigration laws and USCIS policies.
You can do this through reliable sources, such as the official USCIS website, immigration bulletins, updated immigration news, and, of course, through guidance from your immigration specialist.
Conclusion
Adjustment of status is a viable path for those who wish to achieve the dream of permanent residency in the United States without having to leave the country.
Although the process can be challenging, understanding its requirements and following the correct steps increases your chances of success.
Remember that each case is unique, so seeking specialized guidance is essential to ensure you are meeting all legal requirements and maximizing your opportunities for successful immigration.
