Adjustment of Status (AOS)
Adjustment of Status allows an immigrant who legally entered the United States with inspection ( a legal status) to change the status to lawful permanent resident (LPR) through marriage with a US citizen, an Employer, or if they have a previous family petition for which the visa has become current while they are in the United States. For you to qualify for Adjustment of Status, you must have entered the United States lawfully, meaning you were inspected and admitted into the United States. For example, a person who entered the United States with a tourist visa (B1 or B2) or with a student visa (F-1) and married a US Citizen that person can file for an adjustment of status.
When your file for an adjustment of status, you are permitted to remain in the United States while USCIS processes your application. You can also apply for a travel permit and for a work authorization that would allow you to travel and work while your application is being processed.
To change status, you must be in status. Adjustment of Status has become more complex in the past years. To ensure a high success rate, you should contact an experienced attorney. Our office has helped many clients with this process. Do you think you may qualify for an adjustment of status? Give us a call! We can help!
Common Questions and Answers about Adjustment of Status.
If I entered the United States with a Visitor or Business visa, can I adjust status if I am married to a United States citizen?
Yes, you can file for an adjustment of status, assuming that you have entered into a good faith marriage, and you have not entered the marriage for immigration benefits. Every immigration case is different and very particular. You should contact us for a consultation to determine if an adjustment of status is right for you. If you are married to a lawful permanent resident, you would have to apply via consular processing.
If I entered the United States without an inspection, through the border or other avenue, can I adjust status if I am married to a United States citizen?
You could not adjust status if you entered without inspection or undocumented. If you marry a US citizen or a lawful permanent resident, you must file through consular processing. Depending on your particular circumstances, you may need a waiver. Give us a call to schedule a consultation and determine your best option.
How long does it take for an adjustment of status?
On average, it can take around six to eight months. It may take longer if USCIS requires additional supports. Timing varies depending on the part of the country that you live in.
When can I apply for a work permit?
You can apply for a work permit at the time of filing the adjustment of status. The work permit is usually granted for one year or up until the time your adjustment of status is decided. It is typically renewed if your case has not been resolved.
Is there a charge for the work permit?
There is no additional charge for the work permit when you submit it with the adjustment of status application.
How long can I have the permit?
It is a temporary work permit. The work permit is usually granted for one year or up until the time your adjustment of status is decided. It typically gets renewed if your case has not been resolved.
How long does it take to get the work permit? Once the application is submitted to USCIS, it takes about 90 days for you to receive a response to your work permit. Immigration processing time cannot be guarantee. Processing time changes from time to time, depending on the immigration workload.
Can I travel while I am in the process of an adjustment of status?
You can apply for a travel permit at the time of the filing for the adjustment of status. It is not recommended that you leave the country while in an immigration process because it is not guaranteed that you will be admitted back into the country even with authorization. Admission of entry is discretionary. Unless there is an emergency, it is not recommended that you leave the United States.
How do I prove that I have a good faith marriage?
You must provide evidence that you have entered into a truthful marriage. The most common evidence presented are residential leases, joint bank accounts, evidence of joint property ownership, utility bills, birth certificates of children in common and medical records showing that each party is the other spouse emergency contact. This is not an inclusive list. Immigration cases are very particular. Please contact us for an evaluation of your case to determine the necessary documents you need for your immigration process.
How much does it cost for an adjustment of status?
Immigration costs change from time to time. You may visit the USCIS website for updated immigration fees.
The legal costs depend on the complexity of your immigration case.