How To Apply For A Green Card Through Adjustment Of Status

Securing a Green Card is a life-changing milestone for many immigrants in the United States. For those already in the country, the Adjustment Of Status (AOS) process provides a direct path to permanent residency without the need to return to their home country. However, understanding the steps, requirements, and pitfalls can be challenging.

Many find themselves unsure about how to start or what to expect. Here, you’ll discover the steps involved, eligibility factors, and common challenges in applying for permanent residency while staying in the U.S. See how the proper preparation and support can make the journey more manageable.

What Is The Adjustment Of Status Process?

Adjustment of Status lets you apply for a Green Card while staying in the United States. Unlike consular processing, this option allows you to handle everything without leaving the country. It’s a straightforward way to work toward becoming a lawful permanent resident. To qualify, you need to meet specific criteria:

• Lawful Entry: You must have entered the U.S. legally, either through inspection, admission, or parole.
• Qualifying Category: Your eligibility depends on fitting into an approved category, such as being an immediate relative of a U.S. citizen. Other categories include holding an eligible employment Visa or qualifying under special programs like asylum or refugee adjustments.
• Status Requirements: Generally, you must have maintained lawful status during your stay.

If you meet these qualifications, you’re ready to take the next step toward permanent residency. The process involves submitting forms, attending appointments, and meeting specific requirements. Understanding each stage will help you prepare and avoid common pitfalls, setting you up for a smoother experience. Here’s the breakdown of the steps involved.

What Are the Steps To Get Your Green Card?

Applying for a Green Card can feel like a long and uncertain journey. It’s normal to feel unsure about where to start. An immigration lawyer stays with you throughout the process, offering guidance and support at every step. Here are the steps they can guide you.

Determine Eligibility

The first step in obtaining a Green Card through this process is verifying that you meet the required criteria. Eligibility depends on factors such as your current immigration status, how you entered the U.S., and whether you fall under a qualifying category.

Use the USCIS website to find clear guidance on eligibility requirements. Reliable information helps you understand what to do and avoid mistakes that delay your progress. Additionally, an immigration lawyer can review your situation and give personalized advice to keep your application on track.

File An Immigrant Petition

Most applicants start with an approved immigrant petition as the foundation of their Green Card application. If you’re applying through family sponsorship, you file Form I-130. For employment-based petitions, you use Form I-140. Understanding which form applies to your case is key to moving forward correctly.

You can file your immigrant petition and AOS application simultaneously in specific situations. This is known as concurrent filing and can save time, but it’s only available to particular categories. An attorney can help you understand if you qualify and help you plan your next steps effectively.

Submit Form I-485

Form I-485, or the Application to Register Permanent Residence or Adjust Status, is the key component of your Green Card application. You must include several important supporting documents and the form to prove your eligibility. Here are some examples:

• Passport-style photos.
• Proof of lawful entry, such as an I-94 record or Visa stamp.
• Evidence of eligibility, like a marriage certificate or employment offer letter.

Gather and organize these carefully to avoid delays. Additionally, remember to include the required fees with your application. Missing or incomplete documentation can lead to delays or rejection, so take the time to double-check everything before submission.

Attend Your Biometrics Appointment

After you submit your application, USCIS will schedule a biometrics appointment. The information collected, including fingerprints and photos, helps USCIS verify your identity and ensure your application complies with all requirements. This is a routine but critical part of the process.

Be sure to bring your appointment notice and a valid ID to your biometrics appointment. Double-check the location and time in advance to avoid any confusion on the day. Missing this step can cause delays, so mark your calendar and prepare accordingly.

Prepare For The Interview

A USCIS officer may interview you as part of the Green Card process. During the meeting, the officer reviews your application and confirms the details you submitted. They also ask questions to assess whether you qualify for permanent residency.

Bring all required documents to the interview, including originals and any additional evidence requested. Review your application thoroughly to ensure you can confidently answer questions about your case. Practicing responses to possible questions can also help you feel more prepared and at ease during the meeting.

Await The Decision

After the interview, USCIS will process your application and make a decision. This step can take weeks or months, depending on the complexity of your case and the department’s workload. If anything is missing or unclear, you may receive a request for additional evidence, so monitor your mailbox and email regularly.

If USCIS approves your application, your Green Card will be mailed to your address. Make sure your address is up to date to avoid delivery issues. Additionally, contact USCIS immediately if you need to update your information or if there are any problems receiving your card.

Receiving your Green Gard is an exciting milestone, but the journey doesn’t end there. Along the way, you must know the key factors affecting your application process. Understanding these considerations helps ensure a smoother path toward permanent residency.

What Should You Know Before Applying?

Applying for a Green Card involves more than just submitting forms. Understanding the key aspects of the process can help you avoid common pitfalls and delays. Before starting your AOS application, here are some critical factors.

Processing Times

Processing times for Green Card applications can vary greatly depending on the type of petition and the current USCIS workload. Some cases may take several months or even over a year to complete. Check the USCIS processing time tool online to get an estimate for your category and location.

Travel Restrictions

If you plan to travel while your application is pending, proceed cautiously. Leaving the U.S. without Advance Parole, obtained by filing Form I-131, may result in your application being considered abandoned. To avoid issues, wait for Advance Parole approval before making travel plans.

Employment Authorization

While waiting for your Green Card, you may need to continue working to support yourself and your family. You can apply for an Employment Authorization Document (EAD) using Form I-765. This document allows you to work legally in the U.S. until your Green Card application is processed.

Medical Examination

You must schedule an appointment with a USCIS-approved civil surgeon to complete Form I-693. The doctor will check for health conditions and verify that you meet vaccination requirements. Submit your completed medical exam report with your application to avoid delays.

Immigration Status Issues

Maintaining your current immigration status is vital throughout the application process. Unauthorized employment, overstaying a Visa, or other status violations can impact your eligibility. If you have concerns, address them before applying to ensure they don’t create complications.

While careful planning helps, the process can still feel uncertain without proper guidance. Seeking legal representation ensures you have knowledgeable support to address concerns and keep your application on track.

How Does Lincoln-Goldfinch Law Support Your Residency Goals?

Securing permanent residency is a significant milestone. At Lincoln-Goldfinch Law, we know the process can be complex. That’s why we focus on making your journey as smooth as possible. From determining your eligibility to preparing every document and attending interviews, we work alongside you to ensure every step is correct.

Whether you’re applying for a Green Card through family, work, or another category, we tailor our guidance to your circumstances. You’ll get honest answers to your questions, updates on your case, and support when you need it most. Our team’s mission is to ensure you feel supported every step toward achieving your residency goals.

Adjustment of Status allows individuals in the United States to apply for permanent residency without leaving the country. The process involves meeting eligibility requirements, submitting detailed applications, and attending a USCIS interview. To complete the process, applicants must also navigate processing times, travel rules, and medical examinations.

Careful planning and attention to detail are critical for a successful outcome. For those seeking assistance, Lincoln-Goldfinch Law offers reliable support throughout the process. Their guidance helps applicants move closer to achieving their residency goals.