Adjustment of Status (Form I-485) for Green Card

Adjustment of Status (AOS), also known as Form I-485, is the process by which certain non-immigrants within the United States can apply to become lawful permanent residents, or green card holders, without having to leave the country. Here are key aspects of the Adjustment of Status process:

• Eligibility: To be eligible for Adjustment of Status, applicants must meet specific criteria, such as being physically present in the United States, having an approved immigrant petition (such as Form I-130, I-140, or I-360), and having a current priority date.
• Family-Based and Employment-Based Categories: Adjustment of Status can be pursued through various pathways, including family-based sponsorship by a U.S. citizen or lawful permanent resident relative, or employment-based sponsorship by a U.S. employer.
• Filing Form I-485: The primary form for Adjustment of Status is Form I-485, Application to Register Permanent Residence or Adjust Status. Applicants must complete this form and submit it along with supporting documentation and the appropriate filing fee to USCIS.
• Biometrics Appointment: After filing Form I-485, applicants are typically scheduled for a biometrics appointment at a USCIS Application Support Center (ASC). During this appointment, fingerprints, photographs, and signatures are collected for background checks and identity verification.
• Interview: Depending on the specific circumstances of the case, applicants may be required to attend an interview at a USCIS field office. The interview allows USCIS officers to verify the information provided in the application and assess the applicant's eligibility for adjustment of status.
• Approval or Denial: Following the interview and any additional processing, USCIS will issue a decision on the Form I-485 application. If approved, the applicant will receive a green card, granting them lawful permanent resident status in the United States. If denied, USCIS will provide reasons for the denial and options for appeal, if applicable.
• Work Authorization and Travel Document: While the Form I-485 application is pending, applicants may be eligible to apply for work authorization (Form I-765) and a travel document (Form I-131) to facilitate employment and travel while awaiting a decision on their adjustment of status application.
• Conditional Residency: In certain cases, applicants may be granted conditional permanent residency, subject to certain conditions such as marriage-based green card applications. Conditional residents must file a petition to remove conditions (Form I-751 or I-829) within a specified period to obtain unconditional permanent residency.

Navigating the Adjustment of Status process requires careful attention to eligibility criteria, thorough preparation of documentation, and compliance with all applicable regulations and deadlines. Applicants should consider consulting with immigration attorneys or accredited representatives to ensure a smooth and successful application process.