In the United States, the process of applying for a green card after you are already in the country is known as an adjustment of status or AOS. This process allows you to remain in the United States during the application process, even if your visa is about to expire, until the green card is issued. What should you know about the process of applying for an AOS?
Know Your Requirements
In order to apply for an adjustment of status, you need to be eligible for a green card. Depending on your situation, you may qualify for:
- A family-based green card if you are the child, parent, spouse, or close relative of an existing green card holder or a current US citizen.
- An employment-based green card if you are able to be sponsored through your current employer or you have accomplishments or skills that are enough to merit an adjustment of status.
- A green card if you have humanitarian grounds for applying.
What Does the 90-Day Rule Mean?
The United States Citizenship and Immigration Services uses a 90-day rule to help ensure that those seeking an adjustment of status did not misrepresent their intentions upon their initial arrival. Many different types of visas, including the F-1 and B2 visas, are not able to be used by people who plan on eventually immigrating permanently. However, some types of visas like H1-B can be used with the intent of permanent immigration. When applying for your adjustment of status, make sure that you have the right visa. If you ask for an adjustment within 90 days of your arrival, it is incredibly challenging to overcome the denial from USCIS.
How to Apply for an Adjustment of Status
- Check your eligibility for a green card ahead of time by contacting your attorney at the Law Office of Elizabeth Anu Lawrence.
- Ensure that your sponsor files the appropriate petition for the type of adjustment of status that you are requesting, as there are different applications for different types of green cards.
- Wait for USCIS to approve or deny your application. Depending on the circumstances of your case and your application, this could take a few months or over a year.
- After your petition is granted, you can confirm your visa availability and file your application for an adjustment of status.
- USCIS will contact you to schedule a biometrics appointment and potentially schedule an interview. If they require any more evidence, they might mail you a request for more information or schedule another interview.
- Wait for final approval or denial.
Learn More About the Immigration Process from The Law Office of Elizabeth Anu Lawrence
If you or a loved one are concerned about a citizenship application, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.