Completing the Adjustment of Status (AOS) process in the United States involves several steps. Adjustment of Status allows certain eligible nonimmigrants to apply for lawful permanent resident status (green card) without leaving the U.S. Here’s a general guide on how to complete the AOS process:
- Determine Eligibility: Ensure you meet the eligibility criteria for AOS. Common eligibility categories include being an immediate relative of a U.S. citizen, a family-sponsored preference relative, an employment-based immigrant, a refugee, or an asylee.
- File Form I-485: The primary form for AOS is Form I-485, Application to Register Permanent Residence or Adjust Status. Complete this form accurately and thoroughly, following the instructions provided by USCIS.
- Gather Supporting Documents: Collect all required supporting documents, including but not limited to:
- Birth certificate
- Passport-style photos
- Form I-94 (Arrival/Departure Record)
- Evidence of lawful entry (if applicable)
- Marriage certificate (if applying as a spouse)
- Employment offer letter (if applying through employment)
- Affidavit of Support (Form I-864) from a sponsor (if applicable)
- Any other documents specific to your case or category
- Submit Filing Fee: Include the required filing fee with your Form I-485 application. USCIS regularly updates the fee schedule, so check the current fees on the USCIS website.
- Medical Examination: Undergo a medical examination by a USCIS-approved civil surgeon. The results must be documented on Form I-693, Report of Medical Examination and Vaccination Record.
- Biometrics Appointment: After USCIS receives your application, they will schedule a biometrics appointment where your fingerprints, photograph, and signature will be collected for background checks.
- Attend Interviews (if applicable): Depending on your case, you may be required to attend an interview at a USCIS field office. The purpose of the interview is to verify the information provided in your application and assess your eligibility for adjustment of status.
- Wait for Decision: After completing all necessary steps, await a decision from USCIS regarding your adjustment of status application. This process can take several months to over a year, depending on various factors such as caseload and complexity of your case.
- Receive Decision: If approved, you will receive your green card by mail. If denied, you will receive a notice explaining the reasons for denial and any options for appeal or reapplication.
It’s essential to stay informed about any updates or changes to the AOS process by regularly checking the USCIS website or consulting with an immigration attorney for personalized guidance.
How to Fill Out Form I-485
Form I-485, Application to Register Permanent Residence or Adjust Status, is a crucial document for individuals seeking to adjust their status to that of a lawful permanent resident in the United States. Here’s a step-by-step guide on how to fill out Form I-485:
- Download the Form: Obtain the latest version of Form I-485 from the official USCIS website (uscis.gov). Ensure you have the most recent version to avoid delays or issues with your application.
- Read the Instructions: Before filling out the form, carefully read the accompanying instructions provided by USCIS. These instructions provide important guidance on how to complete each section of the form accurately.
- Personal Information (Part 1):
- Provide your full legal name as it appears on your passport, birth certificate, or other official documents.
- Enter your USCIS Online Account Number (if applicable).
- Provide your U.S. Social Security Number (if you have one).
- Enter your Alien Registration Number (if applicable).
- Provide your date of birth, gender, and place of birth.
- Mailing Address (Part 2):
- Enter your current mailing address where you wish to receive correspondence from USCIS.
- If your mailing address is different from your physical address, indicate this and provide both addresses.
- Physical Address (Part 3):
- If your physical address is different from your mailing address, provide it here.
- If the physical address is the same as the mailing address provided in Part 2, check the box indicating the same.
- Information About Your Eligibility Category (Part 4):
- Select the appropriate eligibility category for your application. Common categories include family-based, employment-based, refugee or asylee status, diversity visa lottery, etc.
- Provide specific details based on your chosen eligibility category. For example, if applying through marriage to a U.S. citizen, provide information about your spouse.
- Biographic Information (Part 5):
- Answer questions regarding your marital status, nationality, ethnicity, race, and physical characteristics.
- Provide information about your parents, including their names, dates of birth, countries of birth, and immigration status (if applicable).
- Contact Information, Declaration, and Signature (Part 6):
- Enter your contact information, including your phone number and email address.
- Review the declaration carefully and sign and date the form. If you are filing the form on behalf of someone else (e.g., a minor or someone incapacitated), provide your relationship to that person and your contact information.
- Interpreter’s Contact Information, Certification, and Signature (Part 7) (if applicable):
- If you used an interpreter to assist you in completing the form, the interpreter must provide their contact information, certify that they have provided accurate interpretation, and sign and date the form.
- Additional Information (Part 8):
- Use this section to provide any additional information relevant to your application, such as explanations for certain answers or circumstances not covered elsewhere in the form.
- Filing, Fee, and Checklist (Part 9):
- Review the checklist provided to ensure you have included all required documents and fees with your application.
- Sign and date the form where indicated.
- Prepare Supporting Documents: Along with Form I-485, gather and include all required supporting documents, such as birth certificates, passport photos, Form I-94, Form I-693 (Report of Medical Examination and Vaccination Record), etc.
- Submit Your Application: Mail your completed Form I-485 along with all required supporting documents and the appropriate filing fee to the address provided in the instructions. Ensure you use the correct mailing address based on your eligibility category and place of residence.
- Await USCIS Instructions: After USCIS receives your application, they will notify you of your biometrics appointment and any further steps in the process. Follow any instructions provided by USCIS promptly and accurately.
Remember to keep copies of all documents submitted for your records and be sure to adhere to any deadlines or requests for additional information from USCIS. If you have any doubts or questions during the process, consider consulting with an immigration attorney for guidance.
