What is aos immigration

For marriage based AOS applications, the interviewer will want to see proof that the applicant and petitioner are really married and living together. It takes significantly longer to obtain a green card from an adjustment of status application months than it does with consular processing months.

That being said, the adjustment of status process allows the applicants to remain with their families in the U. Denied AOS cases can also be appealed by the applicant through the judicial appellate processes, whereas decisions obtained via consular are final and have little to no scope for appeals.

Skip to content. Home » Adjustment of Status. What is Adjustment of Status? Step 1: Make Sure you are Eligible for a Green Card The first step in starting the adjustment of status process is to see if you are eligible to apply for a green card. These are: The applicant must be physically located in the United States when the adjustment of status application is filed.

Generally, the applicant must remain in the U. The applicant must have made a lawful entry to the United States, meaning that they entered with valid documentation and made face to face contact with a U. If the applicant entered with a valid visa which has since expired, it is still counted as a lawful entry. The applicant must be in valid visa status during the application process and not have stayed past the expiration date of their temporary visa or worked illegally.

There are some exceptions to this rule, such as being sponsored by immediate relatives — for more information on this, please consult with an immigration lawyer. Share on twitter. Share on whatsapp. Share on linkedin. Share on email. Popular Preparation Services. Green Card Renewal or Replacement. Replace Certificate of Citizenship. B-2 Tourist Visa. Petition for Alien Relative Green Card. Other Immigration Forms. Recent Posts. Read More ». Renew Green Card Read More ». Proof of U. Citizenship Read More ».

Sign up for our Newsletter. Privacy Policy. Additionally, when you want to change your status to a green card, you must make sure that you are eligible for the type of green card you're applying for.

You can't adjust status to a green card if you're not eligible to register permanent residence. Generally, immediate relatives, asylees, and refugees can adjust their status to get a green card. You qualify to submit an adjustment of status application if you meet these eligibility requirements :.

Adjustment of Status is not available to all foreign nationals. You cannot submit an adjustment of status application to U. There are additional considerations to make even if you determine that you qualify for adjustment of status. One significant consideration is the "day rule. So, while you need to have a valid visa to adjust your status, entering the United States with the sole purpose of adjusting your status to a green card will negatively affect your application.

Suppose you file an adjustment of status application less than 90 days after you arrive in the country. In that case, U. After determining that you qualify to apply for an adjustment of status, there are five main steps you'll have to take to submit your application. First, your green card sponsor will file a Form I petition with U.

You'll use Form I to prove that you and your U. For employment-based immigrant petitions, your U. For humanitarian-based green cards, your sponsor will file a Form I petition for you. If the U. Form I is the official application for an adjustment of status.

You can only file it if you have a visa number available to you. You can check the U. Department of State's visa bulletin for more information about visa availability. Additionally, if you'd like to work in the United States while you wait for your green card, you'll have to file Form I together with Form I to get work authorization. Similarly, if you'd like to travel abroad while waiting for your green card, you'll file Form I with your Form I so that you can get an Advance Parole travel document for your trip.

For each of these forms, there are required supporting documents to send in with your application. Some time after you submit your application forms, USCIS will arrange a biometrics appointment for you to attend.

You will have your biometric information like your photo, fingerprints, and signature taken for a criminal background check that USCIS will run in the FBI's database.

USCIS will decide based on the information they have of you from your application and the result of their criminal background check. At the green card interview, the USCIS officer will ask questions related to your application and the answers and supporting documents you submitted. USCIS will send you a decision on your green card application shortly after your green card interview. They may either approve or deny your application.

If they approve your application, you'll get your physical green card document in the mail shortly after.