Adjustment of Status is a bureaucratic process that requires applicants to submit documents and answer questions. The process can be a daunting task for a non-US citizen, so you should hire a lawyer who knows the ins and outs of the application. However, this type of processing can also prove to be a major asset to those who want to stay in the US.
Depending on the circumstances, Adjustment of Status may be an important step in gaining permanent resident status. It is possible to file an I-485 application to obtain a work permit and travel authorization. If you’re a foreign national, a lawyer can help you ensure you are properly represented at the interview and that your documents are complete. In some cases, this process can take up to a year, but with the right legal team, you can have your green card in hand in less than half the time.
You may be eligible for Adjustment of Status if you have been physically present in the US for a certain amount of time. For instance, if you have been in the country on a B-2 visitor visa for at least 30 days, you’re probably qualified to apply. Additionally, you can obtain an AOS to get your foot in the door, especially if you have an outstanding petition.
However, if you have been in the United States without authorization or are not eligible for an AOS, your options are limited. The most obvious option is a simple work permit. On the other hand, if you have a valid K-3 visa, you may be eligible to receive an AOS, but the process is far from streamlined. Similarly, if you have been in the country for less than six months on an EAD, you’re likely ineligible to obtain an AOS.
A local law firm that specializes in Adjustment of Status will be able to guide you through the process. They can tell you what types of documents you need, how to prepare for the required interviews, and even how to avoid making the wrong type of mistake. This includes preparing you for the I-485 exam, which entails answering questions about your employment, finances, and other information.
Generally, an I-485 application will take about eight to ten months to process. In addition to the normal paperwork, the applicant will need to provide some proof of financial support. Specifically, the applicant must be able to demonstrate they have the means to pay for the filing fees and that they are a qualifying person. Likewise, the applicant must be able to provide a bona fide marriage exemption. Alternatively, they may be able to submit a petition for a dependent.
Finally, if you’re wondering what the difference is between an AOS and consular processing, you should know that the latter requires a long trip to the US embassy or consulate in your home country. In addition, the I-485 process isn’t always as streamlined as it appears.