Adjustment of Status

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Adjustment of Status (AoS) is the process a foreign national in the United States of America undertakes to change his or her status to that of a Lawful Permanent Resident (LPR).

Eligibility

You may be eligible to file to adjust your status to that of LPR if:

  • an immigrant visa number is made available to you
  • you are the spouse or child of the princical applicant who files to adjust their status or is granted adjustment of status in a category which allows their spouse or child to also file for adjustment of status
  • you were admitted into the USA as the fiancé(e) of a USC, hold a valid K1 visa and married that USC within 90 days of entry
  • you were admitted into the USA as the K2 child of a K1 visa holder and your parent married that USC within 90 days of entry and also files for adjustment of status.

The USCIS identifies other categories of eligibility. More information on these categories can be found within the documents in the External Links.

Process

  1. Applicant compiles AoS package for submission to USCIS.
  2. Applicant mails AoS package to the Chicago Lockbox if they are:
    • Spouse, parent, unmarried children under 21 of a USC with an approved or concurrently filed I-130, or
    • Beneficiary of an approved I-130 filed by a qualifying relative, or
    • K1 fiancé(e) and K2 dependants whos AoS is based on approved form I-129F
  3. Application is received and accpeted by USCIS. They will check it for completeness and return the application if necessary.
  4. Applicant receives an I-797 for each accepted application that was in the AoS package.
  5. Applicant may receive a Request for Evidence (RFE) for each submitted application at any time during the application process. The RFE will include instructions on the specific area of information required by USCIS. The requested information should be set to USCIS as soon as possible to resume processing of your application.
  6. Applicant will receive a Biometric appointment where the USCIS will capture their photograph and fingerprints. This will be done at the applicants local Application Support Center (ASC).
  7. If applicant submitted I-765, and the application is approved, the EAD will be sent in the mail around 45 to 90 days from the date the application is received by USCIS. Applicant will receive a rejection notice if the application for the EAD is denied.
  8. If applicant submitted I-131, and the application is approved, the AP documents will be sent in the mail around 45 to 60 days from the date the application is received by USCIS. The applicant will receive a rejection notice of the application for AP is denied.
  9. The applicant may be called for an interview to complete the application process of the I-485. The interview will be held at the applicants local USCIS office. Recently, some applications to adjust status have been transferred from Missouri Service Center (MSC) to the California Service Center (CSC). While applicants who have their case transferred may still be called to an interview at their local office, some applicants are reporting that their application for adjustment of status was approved without interview after this transfer took place.
  10. If application to adjust status is successful, the applicant will receive their Green Card in the mail. If the application is denied, the applicant will receive a rejection notice.


You may enjoy the information in this link: USCIS: Tips for Filing Petitions and Applications


New Lockbox filing instructions for I-485 and concurrent filing:

Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status (12/03/09 N version)

Required Documents for Application

The following information, while not an exhaustive list, is a good starting point for what an application to adjust status requires:

  • Completed form I-485 + two photos, taken to the specification outlined by the Department of State of applicant taken within the last 30 days.
  • Evidence of any criminal history such as originals or court-certified copies of arrest records or court orders if no charges were filed; probation or parole records to show that a sentence was served; court orders for the sealing, expunging or removing an arrest or conviction. NOTE: Unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve anactual arrest if the only penalty was a fine of less than $500 and/or points on your driver's license
  • A copy of the applicant's foreign birth certificate
  • Copy of passport page(s) with nonimmigrant visa if obtained from an American embassy or consolate abroad within the last year
  • Medical examination report obtained from USCIS approved Civil Surgeon. NOTE: A K1 fiancé(e) or K2 dependant OR a K3 spouse or K4 dependant who has had a medical done as part of the application process for their nonimmigrant visa only needs to supply form I-693 if the medical was done within the past year, otherwise a full medical will be required. The report, or the I-693, must be in a sealed envelope directly from the Civil Surgeon who carried out the examination or transcribed the vaccination data onto the I-693.
  • Completed form I-130A if the applicant is between 14 and 79 years old
  • Completed form I-864 if your application is based on marriage to a US Citizen, an I-130 filed by a relative, or an employment based visa petition (I-140) related to a business that is 5% or more owned by your family
  • Employment letter if your application is based on an I-140. The letter must be on letterheaded paper from the petitioning employer and confirms the job on which the petition is based, the salary that will be paid
  • Evidence of eligibility to adjust status. This can be proved in the following ways (not an exhaustive list):
    • A copy of the I-797 (Notice of Action) which has made a visa number available to you for adjustmet based on an immigrant petition
    • A copy of the I-797 for a fiancé(e) petition approval notice, a copy of the marriage certificate (does not need to be certified) and a copy of form I-94 for K1 fiancé(e) of a USC who then married that USC
    • By filing for adjustment of status along with the principal applicant or submitting evidence that the principal applicants application is pending with or was aproved by USCIS if you are the child or a spouse of the primary applicant.
      • If you are the spouse of the primary applicant, also submit a copy of your marriage certificate and any legal documents showing any previous divorces by you or the primary applicant.
      • If you are the child of the primary applicant, also submit a copy of your birth certificate, or other legal document showing that you qualify as the primary applicant's child.
  • Completed form I-765 if the applicant wishes, and is eligible, to file for an Employment Authorization Document (EAD) + two photos, taken to the specification outlined by the Department of State of applicant taken within the last 30 days.
  • Completed form I-131 if the applicant wishes, and is eligible, to file for Advance Parole (AP) + two photos, taken to the specification outlined by the Department of State of applicant taken within the last 30 days
  • Correct fee (see Cost section)

Costs

NOTE: Fees can change without notice. ALWAYS check at http://www.uscis.gov for the current fees for the forms you are submitting.

As of November 23, 2010, the costs for filing an Adjustment of Status total $1070. These are made up of the following costs:

  • I-485 filing fee - $985
  • Biometrics fee - $85

AoS applicants 79 or over in age are not required to pay the biometric fee, and thus the cost of AoS would be $985. This also applies to applicants who are under 14 years of age when their application is submitted independently from other family members.

For a child under the age of 14 who is filing to adjust status in conjunction with a parent doing the same, the cost for that child is $635.

If an I-130 is being filed concurrently with the I-485, the $420 fee for the I-130 must be included in the AoS package.

External Links