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What is Adjustment of Condition?
The procedure for applying for a green card from within the United States is called Adjustment of Condition (AOS). When you use AOS, you lot'll exist able to stay in the United States while your awarding is processed, fifty-fifty if your visa expires before your green carte du jour is approved. Dizzying offers adjustment of status support without the high price tag. Learn more most what nosotros do to help.
The alternative to AOS is consular processing, which is when you lot utilise for a green card from outside the United States. When you utilize consular processing, your greenish card will be processed past your nearest U.S. consulate or embassy, and you lot'll remain exterior the Us until your green carte is approved.
Both AOS and consular processing have their own timelines, awarding forms, supporting documents, and costs, only the greenish card eligibility requirements are identical. Y'all should requite some thought to which process all-time suits your individual circumstances.
This guide will cover the rules and AOS requirements for getting a dark-green bill of fare through Adjustment of Status. You'll acquire about:
- Adjustment of Status Timeline
- Adjustment of Status Fee
- Who Tin Accommodate Their Status?
- How to Adjust Your Status
- How to Check the Status of Your Application
- What Comes Side by side?
- Special Considerations
Adjusting your status can take anywhere from one to iii years, depending on your situation. Dizzying can help yous get started on your application today! For a flat rate of $995 you lot'll get assist completing your entire greenish card application, including all required forms and supporting documents, contained chaser review, and back up from the moment your application is filed until yous receive your green card. Get started now!
Boundless can aid you get your awarding done faster.
Aligning of Condition Timeline
adjustment of condition processing times
Getting a green carte through AOS tin can be a slow process, and the exact Adjustment of Status timeline will depend on your situation. For example, completing an Adjustment of Status through marriage can take 10–thirteen months if your spouse is a U.S. denizen, or 29–38 months if your spouse is a green bill of fare holder.
The Aligning of Status processing time also varies depending on where in the The states you lot apply from, and then make certain to check your nearest USCIS office's processing times.
Worried that your Adjustment of Status application is taking also long? Retrieve, you lot can bank check your case'southward status online at any time.
The best way to ensure your AOS application doesn't get delayed is to file all your paperwork correctly the first time around. With Boundless, our squad will help you steer articulate of common mistakes and make sure your forms and documents are ready for attorney review. Acquire more, or find out if you're eligible for a green card.
How Much Does Adjustment of Status Cost?
To complete your light-green card application through Aligning of Status, you'll demand to pay the advisable fees.
Y'all'll first have to pay any fees associated with your initial petition. For an adjustment of status awarding, yous'll typically pay $535 to file your I-130 petition. If you're filing a different petition, cheque the filing instructions to make sure you pay the correct fee.
One time your petition is canonical, yous'll pay a separate fee to file your I-485 green card application. For most applicants, the fee is $1,140, plus an $85 biometrics fee.
If you're nether fourteen and filing with one of your parents' I-485s, y'all'll pay $995; if you're under 14 and filing on your own, y'all'll pay the full $1,140. The biometrics fee is waived if y'all're under 14, or if you're aged 79 or more.
Both the filing fee and the biometrics fee are waived completely if you're filing Form I-485 as a refugee.
Immigrating to the United States tin can be expensive, but preparing your AOS application doesn't take to be. For the flat rate of $995, Dizzying helps you complete your entire green menu awarding, including all required forms and supporting documents, independent attorney review, and back up from the moment your application is filed until yous receive your greenish card. Find out more, or check whether you lot qualify for free.
What Are the Requirements for Aligning of Condition?
To utilize AOS you must exist eligible for a green bill of fare in one of the following categories:
- Family: You can qualify for a family-based green card as the spouse, child, parent, or other close relative of a U.S. citizen or green card holder.
- Employment: You can authorize for an employment-based dark-green card through sponsorship by your employer, or based on your own accomplishments and abilities.
- Other: You can authorize for a green bill of fare on humanitarian grounds, through the diverseness lottery, or for other reasons.
Learn more near these types of dark-green cards.
More specifically, adjustment of status is the clearing procedure for the following marriage visa types:
- IR6/CR6 spouse and accompanying IR7/CR7 kid when the sponsor is a U.Southward. citizen
- F2A category (F26 spouse; F27 child) when the sponsor is a legal permanent resident (aka green menu holder)
- CF1 spouse; CF2 kid when the sponsor is a U.S. denizen and the foreign spouse is adjusting status from a K fiancé visa
To use AOS, yous must have used a valid visa or the Visa Waiver Program for your near recent entry to the United States. Most applicants must be in lawful status when they showtime apply for Adjustment of Status, even if their visa subsequently expires before the procedure is complete.
One exception is if you are applying for Adjustment of Status through marriage to a U.S. denizen. In such cases you can employ AOS fifty-fifty if you overstayed on a visa, as long as you originally entered the United States with a valid visa or visa waiver.
Before y'all can utilize for AOS, you must brand sure a green card is available for you. This is automatically the case if you are applying every bit the spouse or immediate relative of a U.S. citizen. If you lot're applying as a more afar relative (called "family preference"), or if your sponsor is a green bill of fare holder, y'all could face up a long wait. You can check your priority date to run into when you might exist able to apply.
If you lot're applying for a green card through employment or other grounds, you could also face a look earlier a green menu becomes available. Bank check the latest visa bulletin for more data on what kind of timeline yous can look.
With Dizzying + RapidVisa, you get an contained immigration chaser who will review your awarding and answer all of your questions almost Adjustment of Status. Larn more about what yous get with Boundless + RapidVisa, or check your eligibility for a green card today.
Understanding the 90-mean solar day rule
If y'all're eligible for a green card and in lawful condition, y'all'll still need to be conscientious not to trigger the ninety-day rule. This is a guideline that U.S. Citizenship and Immigration Services (USCIS) uses to make up one's mind whether AOS applicants misrepresented their intentions when they start arrived in the United States.
Many temporary visas, such every bit the F-one or B-1/B-two visas, can't be used if y'all plan to immigrate permanently. By contrast, other temporary visas such every bit H-1B or L-1 permit "dual intent," and can be used fifty-fifty if you plan to move permanently to the The states.
If you're on a visa that doesn't permit dual intent, you lot could run into trouble when you apply for AOS, since it shows that you intend to immigrate permanently. The U.S. authorities could decline your awarding or revoke your current visa if they decide y'all secretly planned to immigrate when y'all outset entered the United States.
To brand that decision, the USCIS official handling your case volition employ the 90-day dominion, a guideline that allows officers to infer that you misrepresented your intentions if y'all adjust status within xc days of arriving in the U.s..
It'south possible to convince the USCIS officeholder that you lot genuinely didn't intend to immigrate when you first arrived, only y'all'll have to offering evidence and will face an up-hill struggle.
Even after 90 days, USCIS officers can use their own judgement to decide that yous misrepresented your intentions. Withal, you lot're much less likely to have problems if you wait until more than xc days have passed earlier filing an AOS application.
Do yous accept confidential questions well-nigh how your situation might affect your dark-green card awarding? With Boundless, yous get an independent immigration attorney who tin can assistance you sympathise your options. Find out more virtually what you lot get with Boundless, or check your eligibility for a green card now.
How to Become a Dark-green Menu Through Adjustment of Status
Step i: Check your green bill of fare eligibility.
Footstep 2: Accept your sponsor file the appropriate petition for your green bill of fare category:
- For a family green bill of fare, you'll demand to file the I-130 grade.
- For an employment-based application, y'all'll file the I-140 course
- For a humanitarian application, you'll file the I-730 course.
Footstep 3: Once your petition has been filed, USCIS must grant it. The timeline for this tin can vary between several months to well over a year, depending on your individual circumstances.
Step 4: Once USCIS grants your petition, you tin can check for up-to-date visa availability for your green card category . This volition vary depending on your circumstances, light-green card category, and country of origin. There's no look for the immediate family members of U.Southward. citizens, but applicants in other categories must sometimes expect years or even decades.
Pace 5: Once a visa is bachelor, file your adjustment of condition awarding (Grade I-485). You may besides desire to file requests for a work permit and "accelerate parole" travel document then that you lot can work and travel freely while waiting for a decision on your AOS awarding.
Footstep half-dozen: Afterward receiving your I-485 form, USCIS will mail service you a appointment, time, and location to have your fingerprints and eye browse (likewise known every bit a biometrics appointment).
Stride 7: Based on the information provided in the I-485 grade and the groundwork checks conducted past USCIS, y'all may or may non exist required to attend an in-person interview. If you lot are called for an interview, the officeholder volition identify yous nether oath and ask yous questions most your application.
Step 8: USCIS might require further testify and will mail you a formal request if so. In some cases you might too exist called for a follow-up interview.
Step 9: You will eventually receive a decision either granting or denying your application. (You tin also check your case'due south status online at whatever time.) If your application is granted, you volition receive an approval observe in the postal service, followed a little later by your concrete greenish bill of fare.
Dizzying stays with you until the green menu finish line, helping you lot keep on tiptop of interview grooming, follow-on forms, and every other of import milestone along your immigration journey. Learn more, or check your eligibility for free.
How to Check the Condition of Your Application
Y'all can cheque for updates on your light-green carte du jour application past entering your case number on the USCIS website. This will provide you lot with information and updates throughout your light-green card application, including when the green card has been approved.
With Dizzying, you get the peace of heed that comes with having an independent immigration chaser who answers your confidential questions and reviews your entire green carte du jour application — for no additional fee. Ready to start? Learn more most what you get with Boundless, or check your eligibility at present.
What Happens Subsequently a Change of Status?
The exciting 24-hour interval arrives and you receive your green carte du jour in the mail. You tin now work and live freely beyond the U.s., travel overseas and return, and do good from a pathway to eventual U.S. citizenship.
If you changed your status through marriage, and were recently married, you might receive a conditional green carte du jour practiced for two years. You'll have to upgrade this to a full 10-year dark-green carte as you well-nigh the end of the 2 year menses.
Depending on your light-green card blazon, you might be able to apply for citizenship in one case you've been a green menu holder for 3–5 years. To be eligible for citizenship, you must pay your taxes, non be convicted of a crime, and not exit the United States for extended periods without a reentry permit.
Special Considerations
- Be conscientious with foreign travel. If you leave the The states during the AOS process, the U.S. regime volition assume you lot've abandoned your green card application and you'll have to start from scratch. To avoid this, you can request an "advance parole" travel document, which will let y'all to travel abroad and be readmitted to the United States without interrupting your awarding.
With Boundless, you get a professionally- assembled green carte awarding package — including the travel permit application — arranged in the precise format the authorities prefers. Learn more, or bank check if you qualify for a marriage-based green card.
Aos Why Do I Have to Pay to Get Fingerprinted Again I Got Fingerprinted at the Embassy]
Source: https://www.boundless.com/immigration-resources/adjustment-status-process-explained/