Adjustment of Status (AOS) for Green Card Holders

Adjustment of Status (AOS) is a process that allows temporary immigrants in the U.S. to transition to permanent residency (Green Card). Below are detailed insights on how Green Card holders can undergo this process, the requirements, and the challenges they may face.

Requirements for Filing an AOS Application

1. Physically Present in the U.S. The person applying for AOS must be physically present in the U.S.
2. Eligible Immigration Category The applicant must fall into a suitable immigration category, such as being married to a U.S. citizen or having an employer sponsor within the U.S.
3. Legal Entry The applicant must have entered the U.S. legally, with a valid visa status such as a tourist or student visa.
4. Visa Status The applicant’s visa should still be valid, and their status should not have been violated.
5. Medical Examination A medical examination report proving the applicant meets certain health conditions is required for the AOS application.

AOS Process

1. Completing Form I-485 To apply for AOS, the applicant must complete and submit Form I-485 (Application to Register Permanent Residence or Adjust Status) to the USCIS (U.S. Citizenship and Immigration Services).
2. Supporting Documents Copies of the passport, visa, birth certificate, marriage certificate, medical examination report, and financial documents need to be included.
3. Biometric Appointment The USCIS will schedule an appointment for the applicant to provide biometric data (fingerprints, photograph, signature).
4. Immigration Interview In most cases, the applicant will be called for an interview with a USCIS officer. During this interview, the officer will verify the accuracy and validity of the information provided.
5. Decision After reviewing the application and completing necessary security checks, USCIS will make a decision. If approved, the applicant will receive a Green Card, granting them permanent resident status.

Potential Challenges

1. Time-Consuming Process The AOS process can be quite lengthy, with biometric appointments, interviews, and reviews potentially taking months or even years.
2. Comprehensive Documentation AOS applications require a significant amount of documentation and evidence, which can take time and effort to gather and prepare.
3. Stressful Interview Process The interview can be stressful, and it is crucial to provide accurate and complete answers to the questions asked.
4. Risk of Denial AOS applications can be denied for various reasons, such as illegal entry, incorrect or missing documents.
5. Financial Burden The AOS process can be costly, with application fees, biometric service fees, and medical examination costs adding to the applicant’s expenses.

Process and Timeline

The processing time for Green Card (DV Lottery) Adjustment of Status (AOS) applications can vary. On average, AOS applications take between 8 to 14 months to complete. However, this timeline can depend on several factors:

• The state and workload of the USCIS office processing the application
• Whether the application and supporting documents are complete and accurate
• The completion of necessary security checks
• The completion of medical examination and biometric procedures

You can check the status of your application online through the USCIS website. It is important to be patient during this process and to follow all necessary steps carefully.