If you want to apply for adjustment of status, you will need to know exactly how to do this to avoid running into any lengthy delays. Like any other immigration pathway, there are several AOS application requirements you must follow if you want to get a green card through adjustment of status. You also need to consider the various forms you will need to fill out and the filing fees required by the USCIS. Keep reading to find out what adjustment of status means and how you can get the process started.
What Is Adjustment of Status?
Before we dive into filing fees and adjustment of status evidence requirements, what is adjustment of status in immigration terms? Adjustment of status, also known as AOS, is a process that allows immigrants to apply for lawful permanent residency without having to leave the United States. This is different from consular processing, which requires immigrants to apply for a green card while outside the U.S.
In many adjustment of status cases, this is an option available to individuals who have entered the U.S. legally with a temporary visa. This allows them to continue living in the United States, doing what they came to do, as they start the process of obtaining a green card.
Before moving forward with the process of applying for adjustment of status, it is essential that you hire an immigration attorney. Having legal representation can help you avoid costly mistakes that could drastically slow down the progression of your case.
Eligibility Requirements for AOS
The good news for immigrants already in the U.S. who want to apply for adjustment of status is that this is a relatively straightforward process. The AOS requirements are not too extreme, making it easy to understand whether or not you qualify for this immigration pathway. Here are the AOS Requirements you must meet before starting your application:
- Have legally entered the United States.
- Are eligible to receive an immigrant visa.
- Haven’t been deemed inadmissible to the United States.
In addition to these three adjustment of status requirements, you must also be eligible for the green card that you are wishing to pursue. You must qualify for one of the common green card categories, including family and employment green cards. In rare cases, you may be able to apply for adjustment of status if you meet the eligibility requirements for green cards based on humanitarian grounds, the diversity lottery, etc.
Keep in mind that the eligibility requirements will be very dependent on the type of green card you are applying for.
Forms You’ll Need to File
Although the process of applying for adjustment of status is simple, there are many forms that you will need to file. To avoid running into issues with your application, you need to understand what these forms are, their requirements, and why they are important.
- For I-485: This is a form that allows you to apply for lawful permanent resident status in the United States.
- Sponsor petition: Depending on the green card category you are applying for, your sponsor will need to file the appropriate petition. For a family green card, this would be form I-130, for an employment-based application, this would be form I-140, and for a humanitarian application, that would be form I-730.
- Form I-765: As you are living in the United States and waiting for your adjustment of status, you’ll most likely want to file form I-765. This allows you to have employment authorization so that you can work and support yourself while awaiting your green card.
If there is any confusion regarding the type of forms you need to file for your case, an immigration attorney can assist you with this.
Keep in mind that you also need to provide adjustment of status evidence along with these forms. For example, for a family-based green card, you need to provide evidence proving that your relationship to your sponsor is legitimate. Whereas for an employment-based green card, you will usually need to provide evidence of your work skills and experience.
Fees Involved in Adjustment of Status
Before getting started with your adjustment of status application, it is important that you understand how much this will cost. There are certain filing fees for each document, which can quickly start to add up.
For the main form that you need to file, which is form I-485, you will have to pay a filing fee of $1440. If you are under 14 years old and filing with one of your parents, this fee would drop to $950, and if you are a refugee, the fee would be dropped altogether.
Additionally, you will have to pay the filing fee for your sponsor petition, which will vary depending on the type of green card category you are applying for.
Hire an Immigration Attorney Today
Are you wondering how to file a strong adjustment of status so that you can legally remain in the United States? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ:
What forms are required for adjustment of status?
The main form to apply for adjustment of status is form I-485, which you will have to file along with the sponsor petition for the appropriate green card category. You may also want to file additional forms depending on your situation, such as form I-765 for employment authorization or form I-131 for authorization to travel while your case is pending.
How much are the USCIS filing fees?
The USCIS filing fees can fluctuate from year to year, but as of right now, the filing fee for adjustment of status is $1440. This does not include the separate filing fees for your sponsor petition, which will vary depending on the green card category.
What evidence should I submit with my AOS application?
For your AOS application, you need to include your birth certificate and your immigration documentation to prove that you are in the U.S. legally. You also need to provide additional evidence related to the green card category you are applying for.
