Switch to ADA Accessible Theme
Close Menu
New York City Business Immigration Lawyer / New York City Adjustment of Status Lawyer

New York City Adjustment of Status Lawyer

Adjustment of Status: Your Pathway to U.S. Permanent Residency

Adjustment of Status (AOS) is the process that allows eligible individuals already in the United States to apply for lawful permanent resident status (green card) without needing to return to their home country for consular processing. This process is overseen by the United States Citizenship and Immigration Services (USCIS). Contact our skilled New York City Adjustment of Status lawyer for more information or assistance with this process.

Eligibility Criteria for Adjustment of Status

To be eligible for Adjustment of Status, applicants must meet several criteria:

  1. Eligible for a Green Card: You must be eligible for one of the immigrant categories established by U.S. immigration law. These include family-based, employment-based, special immigrant, and other categories.
  2. Presence in the U.S.: You must be physically present in the United States when you apply for Adjustment of Status.
  3. Lawful Entry: Generally, you must have been lawfully admitted to the United States for a temporary stay.
  4. No Immigration Violations: You must not have violated any terms of your nonimmigrant status.
  5. Visa Availability: There must be an immigrant visa number available to you based on your priority date and immigrant category.

Application Process

The Adjustment of Status process involves several steps:

  1. File Form I-485:
    • Complete and submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with the required fees and supporting documentation.
  2. Supporting Documents:
    • Submit supporting documents such as proof of eligibility, evidence of lawful entry, financial documents, medical examination results, and any other required forms (e.g., Form I-864, Affidavit of Support).
  3. Biometrics Appointment:
    • Attend a biometrics appointment where USCIS will take your fingerprints, photograph, and signature to conduct background checks.
  4. Attend an Interview:
    • In some cases, USCIS may require an interview to review your application and verify your eligibility.
  5. Receive a Decision:
    • USCIS will review your application and make a decision. If approved, you will receive your green card in the mail. If denied, USCIS will provide a reason for the denial and instructions on any next steps.

Benefits of Adjustment of Status

Adjustment of Status offers several advantages:

  • No Need to Leave the U.S.: You can apply for a green card without returning to your home country.
  • Work Authorization: You may apply for an Employment Authorization Document (EAD) while your AOS application is pending.
  • Travel Authorization: You may apply for Advance Parole to travel outside the U.S. while your AOS application is pending without abandoning your application.
  • Permanent Residency: Successful completion of the AOS process results in lawful permanent residency (green card), allowing you to live and work in the U.S. permanently.

Challenges and Considerations

While Adjustment of Status offers many benefits, it also comes with challenges:

  • Complex Documentation: The process requires extensive documentation and careful preparation of forms.
  • Ineligibility Factors: Certain factors, such as immigration violations or criminal history, can affect eligibility.
  • Processing Time: The process can take several months to over a year, depending on individual circumstances and USCIS processing times.

Adjustment of Status is a valuable pathway to U.S. permanent residency for eligible individuals already in the United States. By understanding the eligibility requirements and navigating the application process carefully, applicants can successfully achieve their goal of becoming lawful permanent residents.

For personalized assistance with your Adjustment of Status application, contact our Manhattan immigration experts who specialize in helping individuals through the AOS process.

NYC Adjustment of Status FAQs

Q: How long does the Adjustment of Status process take?
A: The processing time can vary, but it generally takes several months to over a year, depending on individual circumstances and USCIS processing times.

Q: Can I work while my Adjustment of Status application is pending?
A: Yes, you can apply for an Employment Authorization Document (EAD) to work while your AOS application is pending.

Q: Can I travel outside the U.S. while my Adjustment of Status application is pending?
A: Yes, you can apply for Advance Parole to travel outside the U.S. while your AOS application is pending without abandoning your application.

Q: What happens if my Adjustment of Status application is denied?
A: If your AOS application is denied, USCIS will provide a reason for the denial. Depending on the reason, you may be able to appeal the decision, file a motion to reopen or reconsider, or explore other immigration options.

×