Adjustment of Status Requires an Application and Interview Process
Immigrants who are eligible may be able to file for adjustment of status, AOS. Adjustment of status is a process that allows applicants to submit an application for permanent residency while in the United States. There is a difference between adjustment of status and consular processing so it is important to understand the eligibility requirements before determining how to proceed. It may be helpful to discuss your options with a qualified immigration attorney before you submit an application.
Eligibility for AOS
Adjustment of Status is governed by the USCIS, United States Citizenship and Immigration Services. An AOS allows an individual to change their immigration status from temporary to permanent under certain qualifications. The applicant must be able to meet all of the requirements necessary. There are two ways to achieve an adjustment of status.
If you are already in the U.S. you may file here, without having to return to your homeland. If you reside outside of the U.S. you will need to file through consular processing. You can find information regarding specific rules of eligibility through the USCIS or by speaking with an immigration attorney.
Application to Adjust Status
USCIS Form I-485 is used for an adjustment of status. The applicant may not submit the form until a visa is available in your specific category. You are able to check visa availability and priority dates online. The form requires you to submit appropriate supporting documentation at the time you apply. If you fail to include all of the requested paperwork and evidence your application may be delayed or denied.
Notice to Appear
Once your application has been accepted you will be notified of a date, time, and location to appear for biometrics collection. You will be fingerprinted and your photo will be taken along with your signature. A security background check will be completed after providing biometrics information. You may receive notification of an interview.
The interview may be needed to allow the USCIS to ask questions of you while under oath and to verify your application. You must be sure to bring all requested documentation to the interview per the notice.
Once your application has been approved and you pass the various checks and interview processes, you will receive written notification of the decision. If the application for adjustment of status is denied you have the ability to appeal the decision. Not all decisions can be appealed but if your situation qualifies you must file the appeal within 30 days. An adjustment of status can be a complex process and one that is best navigated with help from an immigration lawyer. Call the skilled immigration legal team at Udall Shumway PLC to learn more about your options.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Adjustment of Status, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.