In this article, we’ll cover what adjustment of status is, how it works, the necessary requirements, the estimated time for completion, who qualifies and who doesn’t qualify for this process.
In addition, we’ll offer some important tips for a successful status adjustment.
What is status adjustment?
Adjustment of status is the process by which an immigrant applies to change their immigration status within the United States, without having to return to their country of origin.
In other words, it is a procedure aimed at those who are temporarily present in the United States, as students or temporary work visa holders, and who wish to apply for another type of visa, without leaving the US or even permanent residence, also known as a Green Card.
Requirements for Status Adjustment: find out how it works
To apply for adjustment of status, you must meet certain requirements established by US immigration law.
Although these requirements may vary according to the visa category and individual circumstances, in general, it is essential:
- be legally in the United States at the time of application;
- have an approved petition that makes them eligible for adjustment of status;
- meet all admissibility requirements, including health, moral character and absence of immigration violations.
How long does the status adjustment take?
The time required to complete the adjustment of status can vary depending on various factors, such as the volume of applications and the visa category applied for.
Although the time varies according to each case, it is possible to say that the process takes, on average, from six months to over a year to complete.
Who qualifies for the status adjustment process?
As we have already mentioned, the process offers a viable opportunity for different types of immigrants who wish to obtain a green card in the United States.
In this sense, there are several categories of eligibility, including having a spouse or close relative who is an American citizen or permanent resident.
In addition, individuals who have non-immigrant status in the United States, such as temporary work visa holders, students or investors, may also be eligible for the adjustment.
Another common category is that of fiancée visa holders.
However, it’s important to note that each case is unique and depends on individual circumstances.
Immigration laws are complex and subject to change.
It is therefore highly recommended to consult an immigration specialist, such as the team at D4U Immigration, to assess the eligibility of each specific case.
Who doesn’t qualify for the AOS?
Although adjustment of status is a valuable opportunity for many immigrants, it is important to understand that there are certain situations in which it is 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.
In addition, there are other specific circumstances in which this process is not a suitable option, such as:
- individuals who have been convicted of serious crimes;
- that pose a risk to national security;
- who have stayed in the United States beyond the period authorized by their visa;
- or who are subject to certain specific prohibitions or restrictions under immigration laws.
In such cases, it is essential to seek legal alternatives and explore other options available to regularize immigration status in the United States.
Consulting an immigration specialist is crucial to understanding the limitations and finding the best solution for your specific situation.
The D4U Immigration team has experience in dealing with complex cases and can help you explore all the options available to you in accordance with the immigration laws in force at the time.
Tips for a successful Status Adjustment
To increase your chances of success in the process, it’s important to follow a few tips. These include:
1. Consult an immigration specialist
When dealing with a process as important and complex as adjustment of status, it is highly recommended to seek the advice of a qualified immigration specialist.
An experienced professional will have an in-depth knowledge of US immigration laws and regulations, as well as the latest updates and changes to USCIS (United States Citizenship and Immigration Services) policies.
Discover D4U Immigration’s services!
2. Organize your documentation
Proper preparation and organization of your documentation is crucial to speeding up the status adjustment process.
Make sure you have all the relevant documents to hand, such as:
- proof of identity;
- proof of marital status;
- employment records;
- educational and financial background;
- among others.
Organize them in a way that is clear and easy to access, ensuring that they are complete and up-to-date, as this helps to avoid unnecessary delays and facilitates the work of your immigration expert when preparing your petition.
3. Be honest and precise
When filling in the forms and providing information during the adjustment process, it is essential to be accurate, complete and, above all, honest in every detail.
Any false, misleading or intentionally omitted information can result in serious consequences, including the denial of your application and even the possibility of facing future legal implications.
Therefore, provide accurate and verifiable information, be prepared to submit supporting documentation when necessary and seek to cooperate fully with USCIS throughout the process.
4. Track your process
Stay tuned for updates on your adjustment of status case and be prepared to respond promptly to any additional requests for information or documentation from USCIS.
This includes keeping your addresses up to date to ensure that you receive all important correspondence and notifications relating to your process.
Keeping a close eye on the status of your case and responding promptly 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 change, including updates to immigration laws and regulations.
Therefore, it is of the 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, up-to-date immigration news and, of course, through the guidance of your immigration specialist.
Conclusion
Adjustment of status is a viable path for those who wish to obtain their dream permanent residence 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 expert advice is essential to ensure that you are complying with all legal requirements and maximizing your chances of successful immigration.