Adjustment of Status
A Form I-485 Adjustment of Status application, also called an AOS application, is filed by a foreign national who is physically residing in the United States in order to adjust his or her non-immigrant status to immigrant status, i.e. to become a U.S. permanent resident and obtain a green card.
However, not all foreign nationals who are physically residing in the U.S. qualify for AOS. Immigration law requires AOS applicants to have entered the U.S. legally in order to qualify for AOS (though limited exceptions to this requirement do exist – contact our office for further information on filing an AOS application if you or a loved one entered the U.S. without authorization).
(Note carefully that a foreign national is not required to complete the AOS process. A foreign national who is outside of the U.S. can complete the Consular Processing procedure at a U.S. consulate instead. This procedure requires the foreign national to obtain an immigrant visa at the U.S. consulate and use this visa to enter the United States. After coming to the U.S., the foreign national will then receive his/her green card in the mail from the U.S. government. For details on Consular Processing, please visit the Consular Processing pages.)
Applying for AOS offers significant advantages to the foreign national, most notably the ability to simultaneously apply for travel authorization (Advance Parole) and work authorization. These documents, which are typically sent to the foreign national in approximately three months, allow the foreign national to work and travel without the need to obtain or extend the national’s current visa
To learn more, contact our Firm for further assistance.