The Immigration and Nationality Act (INA) permits an individual to change his or her status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for a green card (permanent residence) in a particular category. The common term for a change to permanent status is “adjustment of status.”
The INA provides an individual a path to permanent resident status by filing for “Adjustment of status” for an eligible individual already in the United States without having to return to their home country to complete visa processing, if certain conditions are met.
The most common form for Adjustment of Status applications are “family based” petitions filed on behalf of spouses or parents of U.S. Citizens.
The process of acquiring Permanent Residence (“Green Card”) via Adjustment of Status is as follows:
1. Eligibility Determination: Determine whether you are eligible to adjust status based on the category of the person filing for you
2. File Applicable Forms: If filing a family based petition, the family member must file an I-130: Application for Alien Relative
You must submit all required documentation and evidence required for your particular category, including documentary evidence of the nature of the qualifying relationship between the foreign national and the sponsor. Failure to do so may result in your application being delayed or possibly denied for failure to establish that you are eligible to adjust status.
3. File the Application to Register Residence or Adjust Status as a concurrent filing
4. Biometrics Appointment: Appear at a USCIS Application Support Center for Biometrics appointment on the date and time scheduled by the USCIS. The USCIS will capture your fingerprints to conduct their background search. Eligibility to Adjust Status can be jeopardized if certain criminal convictions appear on your record.
5. USCIS Interview: If required, appear at the date and time indicated for an interview with the USCIS officer.
6. Get you final decision in the mail
After all paperwork has been received, interviews conducted (if necessary), security checks completed, and other eligibility requirements reviewed, your case will be ready for a decision by USCIS. In all cases, you will be notified of the decision in writing. The granting of permanent residency is generally recorded as the date that you became a permanent resident
During this entire process, it is crucial that you advise USCIS of a change of address. To update your address, you MUST file form AR-11: Alien’s Change of Address Card with authorities to ensure that you receive all notices and information regarding your case.
The filing fees (due to the Government) for an I-130 WITH concurrent filing for Adjustment of Status is: $1490 (Per Application) this breaks down to $420 (Form I-130) + $1,070 (Concurrent AOS)
The filing fees MUST be paid in two separate checks (one for $420 and the other for $1070) made payable to the: U.S. Department of Homeland Security.
Additional Questions? Please contact Kripa Upadhyay at Orbit Law, PLLC to discuss any additional questions you may have.
Orbit Law, PLLC 1001 4th Avenue, Ste 3200 Seattle, WA 98154 Phone: 206-623-3352