December 18, 2024

Top 7 Adjustment of Status FAQs Answered

Adjustment of Status (AOS) allows individuals in the U.S. to apply for a green card without leaving the country. Here's what you need to know:

Whether you're applying as a family member, employee, asylee, or refugee, these FAQs will guide you through the process and help avoid delays.

I-485 Green Card | Process, Timeline and Steps

What Does Adjustment of Status Mean?

Adjustment of Status (AOS) is an immigration process that lets eligible individuals apply for a green card (lawful permanent resident status) without leaving the United States. Unlike other routes that may require applicants to return to their home country, AOS allows the entire green card application to be completed within the U.S..

Who Can Apply for Adjustment of Status?

To be eligible for AOS, applicants must meet specific criteria, including:

Why Choose Adjustment of Status?

AOS offers several advantages. Applicants can remain in the U.S. throughout the process, continue working, and apply for work permits. They can also request advance parole for travel, avoiding the delays and expenses tied to consular processing. These features make AOS an appealing option for many navigating the U.S. immigration system.

The process starts with filing Form I-485, along with documents proving eligibility. While processing times differ by case, applicants can continue their daily lives in the U.S. without major interruptions. Certain groups, like immediate relatives of U.S. citizens, asylees, and refugees, often experience a smoother path to permanent residency through AOS.

Now that we've covered the basics of Adjustment of Status and its eligibility, let’s dive into some of the most common questions about the process.

Helpful Tools for Adjustment of Status Applicants

How to Check Case Status and Processing Times

You can track your case status on the USCIS website using your 13-character receipt number (e.g., EAC1234567890). This number gives you access to your case details. Additionally, you can sign up for email and text notifications to stay updated.

The USCIS Processing Times tool shows estimated wait times based on your application type and location. Regularly checking this tool keeps you informed about your application's progress and ensures you can respond quickly to any requests from USCIS.

While these tools are helpful, some situations might call for expert advice to handle more complicated issues.

When to Seek Professional Help

You should consider reaching out to an immigration attorney or legal expert if you face challenges like:

Professional assistance can be crucial for addressing time-sensitive or complicated matters. Using these resources wisely and knowing when to ask for help can keep your application on track and prevent unnecessary delays.

For expedition requests, check the earlier section on qualifying circumstances and procedures. Proper documentation and timing are key to achieving positive results during the Adjustment of Status process.

Conclusion: Key Points and Next Steps

Navigating the Adjustment of Status process takes careful planning and attention to detail. Since processing times can range from 8 months to 2 years, submitting a complete and accurate application is crucial to avoid unnecessary delays.

To make the process smoother, here are some essential steps to keep in mind:

While preparation is key, staying informed and proactive during the waiting period is just as important.

Managing Your Application

While your application is pending, be mindful of travel and work restrictions. For updates or questions, use the USCIS Contact Center as a resource.

Tips to Stay on Track

Eligibility for Adjustment of Status requires being physically present in the U.S., having an available visa, and meeting admissibility standards. If you're unsure about any part of the process, immigration professionals can offer guidance and help you stay on course.

FAQs

What is the current timeline for adjustment of status?

As of December 2024, the average processing time for marriage-based adjustment of status applications is about 10 months for spouses of U.S. citizens. The process includes several steps:

Knowing these steps can help you prepare for each stage. During this waiting period, it's natural to wonder about work eligibility in the U.S.

Can I apply for a work permit while waiting for adjustment of status?

Yes, you can apply for a work permit (EAD) while your adjustment of status application is pending. Family-based applicants can submit Form I-765 along with their initial green card application. Processing times for the work permit usually range from 3 to 5 months. To avoid delays, spouses of U.S. citizens are encouraged to file Form I-765 with their green card application.

Exploring work and travel options during this time can help you stay financially stable while waiting for your application to be processed.

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