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Adjustment of Status (AOS) is a process through which an eligible foreign national already in the United States can apply for permanent resident status (green card) without having to go abroad and apply for an immigrant visa through consular processing. This process is available to individuals who meet certain eligibility criteria, such as being an immediate relative of a U.S. citizen, having an employment-based immigrant petition approved, or being a refugee/asylee.
Here are the general steps for the Adjustment of Status process:
Determine if you are eligible to apply for Adjustment of Status. Eligibility criteria vary based on the category under which you are applying (e.g., family-sponsored, employment-based, refugee/asylee).
The petitioner (usually a family member or employer) must file an immigrant petition on behalf of the foreign national. This petition establishes the basis for eligibility for permanent residency.
Ensure that a visa number is available. The availability of visa numbers is subject to numerical limits, especially in family-sponsored and employment-based categories.
Once a visa number is available, the foreign national can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is the main application for adjusting status to that of a permanent resident.
The applicant will be scheduled for a biometrics appointment to provide fingerprints, photographs, and a signature.
In many cases, an interview with U.S. Citizenship and Immigration Services (USCIS) is required as part of the Adjustment of Status process. The purpose of the interview is to verify the information provided in the application and assess the eligibility of the applicant.
USCIS will make a decision on the application. If approved, the applicant will receive their green card.
It’s essential to carefully follow the instructions provided by USCIS and to stay informed about any changes in immigration laws or procedures. Many individuals seek the assistance of immigration attorneys to ensure that the process is completed correctly and efficiently. Additionally, USCIS provides detailed information and forms on its official website for those applying for Adjustment of Status.
An Employment Authorization Document (EAD), also known as a work permit, is a document that allows certain non-U.S. citizens to work legally in the United States. While the process of obtaining a green card is ongoing, some individuals may be eligible to apply for an EAD to authorize their employment during that time.
Not everyone is eligible to apply for an EAD. Eligibility is often tied to a specific immigration status or category. For example, individuals in certain visa categories, such as those with pending asylum applications, certain spouses of temporary workers, and individuals with pending Adjustment of Status applications, may be eligible.
To apply for an EAD, individuals typically need to submit Form I-765, Application for Employment Authorization, to U.S. Citizenship and Immigration Services (USCIS). This form should be filed along with the required supporting documentation and applicable fees.
Processing times for EAD applications can vary, but USCIS usually provides an estimated processing time on their website. It’s essential to check the USCIS website for the most up-to-date information.
EADs are typically valid for a specific period, often one or two years. If an individual’s green card application is still pending, and they remain eligible, they may apply to renew their EAD before it expires.
In some cases, individuals with a pending green card application may also apply for travel authorization (advance parole) along with their EAD. This allows them to travel internationally while their green card application is pending without abandoning the application.
It’s important to note that not all green card applicants are eligible for an EAD, and eligibility criteria can change. It’s crucial to review the specific instructions provided by USCIS for the most accurate and up-to-date information.
If you are seeking to apply for an EAD in the context of a green card application. Contact us for expert assistance in navigating the Employment Authorization Document application processing.
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