An “adjustment of status” (AOS) is the process by which a person who is physically in the United States files a petition with U.S. Citizenship and Immigration Services (USCIS) to adjust his/ her status from nonimmigrant (temporary) to immigrant (permanent) status. Changing an individual’s immigration status is applicable only if the individual was inspected, admitted or parolled into the United States and meets all required qualifications for permanent residence (green card) in a particular category. Note, although some exceptions apply.
Adjustment of Status is often known as the final step in getting a Green card. Once an AOS application is approved, the individual applying will have officially gained permanent resident status in the United States. This AOS means the individual can legally live and work in the country indefinitely, and perhaps in the future become a naturalized U.S. citizen.
In addition, AOS applicants have other benefits. They can apply for “advance parole” which allows them to travel abroad and re-enter the country without having to first obtain a visa. They can apply for an employment authorization document (EAD) or “work permit” to allow them to work in the U.S. for a salary. And finally, they can legally remain in the U.S. without having to renew status as they did prior.
An individual cannot choose to adjust status, but instead must be eligible to do so. Persons living abroad who are not currently in the United States are not eligible for an AOS. Instead those individuals would be required to visit the U.S. Embassy or consulate in their foreign country and go through consular processing to obtain an immigrant visa.
Malik & Associates, PLLC understands the often complicated process and the high stakes of applying for permanent U.S. residency. This is why it is imperative that aliens seeking adjustment status consult with one of our experienced adjustment of status attorneys as they begin their AOS case.
While on the surface filing for AOS may seem like an easy procedure for someone who is eligible, in reality there are several tricky issues that must be considered. These include:
For these reasons, we recommend you request a consultation with our experienced immigration AOS attorneys when filing your I-485 application.
Our attorneys and legal team at Malik & Associates, PLLC have helped hundreds of employees and/or families in adjustment of status cases, successfully. We offer to you our professional services to help you obtain a Green Card as soon as possible. Whether you are becoming a Permanent Resident based on family ties or business/employment, our experienced adjustment of status attorneys can help you understand your options and eligibility, assist in filing the petition/forms, and supporting you in all ways.
If you want specific answers to your immigration adjustment of status questions, call Malik & Associates, PLLC at 214-881-2100 or fill out our form online to discuss your case. An adjustment of status attorney or counselor at law can help you determine whether your rights have been violated under any laws. You deserve the right to be represented and receive counsel by a competent team who is on your side and will fight for you and your family.
Malik & Associates, PLLC provides services and representation to its clients for US Immigrations needs in the entire United States (we travel for your hearings or interviews), throughout the whole world and including but not limited to the following areas in Texas.