Adjustment of Status (AOS)
- Definition: Adjustment of Status (AOS) is a process that allows foreign nationals already in the U.S. to change their status from a temporary visa to a permanent resident (green card holder).
- Purpose: This process is intended for individuals who entered the U.S. legally but now seek permanent residence.
Who is Eligible for AOS?
- Family-Based Applicants: Spouses, children, and parents of U.S. citizens or permanent residents.
- Employment-Based Applicants: Those with a job offer from a U.S. employer.
- Refugees and Asylum Seekers: Certain individuals under these categories may also qualify.
Required Documents for AOS
- Identity Proof: Passport, birth certificate, or other official documents.
- Legal Entry Evidence: Documentation proving lawful entry into the U.S.
- Employment Authorization: Required if the applicant wishes to work during the application process.
- Medical Examination: USCIS-approved medical examination results.
- Supporting Documents: Based on application type, such as a marriage certificate or job offer.
Processing Time for AOS
- Varies by Application: Processing times differ based on the type of application and USCIS workload.
- Typical Duration: Ranges from several months to a few years.
Advantages of the AOS Process
- Work Eligibility: Most applicants can receive a work permit to maintain legal employment during processing.
- Pathway to Green Card: Offers a legal route to permanent residency without leaving the U.S., suitable for eligible applicants across various categories.
Frequently Asked Questions
Individuals who are already in the U.S. legally with a temporary visa.
Family-based petitioners (spouses, children, parents, etc.) of U.S. citizens or permanent residents.
Employment-based petitioners with job offers from U.S. employers.
Certain refugees and asylum seekers.
Proof of identity (passport, birth certificate)
Evidence of legal entry into the U.S.
Employment authorization (if applicable)
Medical examination results
Supporting documents related to the basis of the AOS application (e.g., marriage certificate, job offer)
The processing time for AOS can vary significantly depending on factors such as the category of application and the volume of cases being processed by USCIS. It can take several months or even years to complete.
In most cases, individuals can obtain a work permit while their AOS application is pending. This allows them to continue working legally in the U.S.
If an AOS application is denied, the applicant may have the opportunity to appeal the decision. However, it's important to consult with an immigration attorney to understand the specific grounds for the denial and explore available options.