An Adjustment of Status (aOS) application is a formal request submitted to immigration authorities by an individual who is currently present in the United States and wishes to become a lawful permanent resident, often referred to as obtaining a Green Card. This process allows eligible individuals to transition from a temporary, nonimmigrant status to a permanent resident status without having to leave the U.S.
Understanding the Adjustment of Status Process
The core purpose of an aOS application is to provide a pathway to permanent residency for eligible individuals already residing in the United States. This is distinct from consular processing, where individuals apply for an immigrant visa at a U.S. embassy or consulate abroad.
Key Aspects of an aOS Application:
- Stay in the U.S.: One of the primary advantages of applying for adjustment of status is that it allows the applicant to remain in the United States while their application is being processed.
- Path to Green Card: A successful aOS application culminates in the applicant receiving a Green Card, officially making them a permanent resident of the United States.
- Eligibility: Generally, individuals who are currently in the United States on a nonimmigrant visa may be eligible to apply.
Prerequisites for Filing an aOS Application
Before an individual can submit an Adjustment of Status application, a foundational step must be completed:
- Immigration Petition: An immigration petition must first be filed on behalf of the applicant. This petition establishes the basis for the applicant's eligibility for an immigrant visa (e.g., through family sponsorship or employment). This petition can be filed by the applicant themselves or, more commonly, by a relative or employer.
Who Can Apply?
Typically, those who can apply for Adjustment of Status are:
- Individuals who entered the U.S. legally on a nonimmigrant visa (such as a tourist, student, or work visa).
- Individuals who have a qualifying immigration petition approved or filed concurrently on their behalf.
- Applicants who meet specific eligibility criteria related to their visa status, criminal record, and health.
Benefits of Adjustment of Status
| Feature | Description |
|---|---|
| Location | Allows applicants to remain in the United States during processing. |
| Travel | Opportunities to apply for advance parole (travel document) allowing re-entry while application is pending. |
| Work Authorization | Eligibility to apply for an Employment Authorization Document (EAD), permitting legal work. |
| Family | Can sometimes include eligible family members (spouse and unmarried children under 21) on the same application or concurrently. |
| Final Goal | Leads directly to obtaining a Green Card and becoming a lawful permanent resident. |
For more comprehensive information regarding the Adjustment of Status process and eligibility, you can refer to official government resources such as USA.gov.
