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Adjustment of Status Process

Adjustment of Status (AOS) refers to the procedure that allows foreign nationals already in the U.S., who are eligible to receive an immigrant visa and for whom immigrant visa number is immediately available, to apply for immigrant status with the U.S. Citizenship and Immigration Services (USCIS).

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Benefits of Adjustment of Status

A.
You can maintain valid status in the U.S. while your Adjustment of Immigration Status application is being processed
B.
You are permitted to apply for an employment authorization document and take up employment while your Adjustment of Status application is pending
C.
You can file Adjustment of Status application concurrently with
immediate relative green card petitions, and employment based first, second and third preference categories (if a visa is currently available)
D.
You do not require a police clearance certificate for previous residences in the U.S.
E.
You can appeal a denied Adjustment of Status application

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Requirements for Adjustment of Status Process

You may apply for Adjustment of Status after your immigrant visa petition is approved by the USCIS, and a visa number is readily available to you.
Note: Visa numbers are limited by law for certain family members of U.S. citizens and lawful permanent residents and for employment based cases. This means that even if the USCIS approves your immigrant visa petition, you may not get an immigrant visa number immediately. In certain cases, several years could pass between the time USCIS approves your immigrant visa petition and the Department of State gives you an immigrant visa number.
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Who may apply for Adjustment of Status?

1.

Immediate Relatives of U.S. citizens

You can apply for adjustment of status to permanent residence if you satisfy the following conditions:
a.
You are the spouse, unmarried child (under 21 years old), or parent of a U.S. citizen; and
b.
You have an approved family-based immigrant petition, or you can file one concurrently with your adjustment of status application.
You can apply for adjustment of status to permanent residence if you satisfy the following conditions:
a.
You have an approved family-based immigrant petition
b.
You have a current priority date available to file for adjustment of status.
3.

Beneficiaries of Employment Based Green Card Petitions

You can apply for adjustment of status to permanent residence if you satisfy the following conditions:
a.
You have an approved labor certification or are exempt from labor certification requirement
b.
You have an approved employment based immigrant petition
c.
You have a current priority date available to file for adjustment of status
4.

Dependents of Principal Application preference categories

You may be eligible to receive following-to-join benefits if you are a spouse or an unmarried child under age 21 of a principal applicant in a preference category. In such a case, you may apply to adjust to permanent resident status at the same time that your spouse or parent applies for following-to-join benefits for you.
5.

Dependents of Lawful Permanent Residents

You may apply for adjustment of status to permanent residence if you satisfy the following conditions:
a.
You are a spouse or an unmarried child under age 21 of a lawful permanent resident
b.
You have an approved family based immigrant petition
c.
You have a current priority date available to file for adjustment of status
6.

U.S. Citizens' Spouses who entered the U.S. on K-1 Fiancee Visa

You may apply for adjustment of status to permanent residence if you were a fiancee who was admitted to the U.S. on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you.

Your unmarried, minor children are also eligible for adjustment of status.
Note: If you did not marry the U.S. citizen who filed the
K-1 fiancee petition on your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the U.S.
Important: If you married the U.S. citizen but not within the 90-day time limit, your spouse must now file USCIS Form I-130, Petition for Alien Relative.
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ADJUSTMENT OF STATUS OVERVIEW
ADJUSTMENT OF STATUS PROCESS
ADJUSTMENT OF STATUS FAQ
Adjustment of Status vs. Consular Processing
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