Adjustment of Status (AOS)
Adjustment of Status (AOS) is a process that allows eligible individuals to obtain lawful permanent resident (LPR) status (a green card) without leaving the United States. This procedure is available to applicants who meet specific eligibility criteria and is a key pathway for many immigrants seeking to transition from temporary to permanent residency.
Application Process
An AOS applicant may simultaneously apply for:
- Employment Authorization Document (EAD) – Work permit (Form I-765)
- Advance Parole (AP) – Travel permit (Form I-131), if eligible
Generally, an applicant must have been lawfully admitted to the U.S. and must not have violated their immigration status to qualify. The primary application form for AOS is Form I-485 (Application to Register Permanent Residence or Adjust Status), which must be submitted with supporting documentation and the applicable filing fee.
Exceptions & Special Provisions
There are certain exceptions to the general AOS eligibility rules:
- Section 245(i): Individuals with certain older priority dates may qualify for AOS even if they entered the U.S. unlawfully or violated their immigration status, provided they pay a penalty fee.
- Section 245(k): Employment-based applicants may still be eligible for AOS if they were lawfully admitted to the U.S. and have not been out of status for more than 180 days since their most recent admission.
- Immediate Relatives of U.S. Citizens: Parents, spouses, and unmarried children (under 21) of U.S. citizens may adjust status even if they overstayed their visa or worked without authorization, as long as they were lawfully admitted into the country. A U.S. citizen sponsoring a parent must be at least 21 years old.
Understanding the nuances of AOS eligibility is crucial to ensuring a smooth application process. At Wang Law LLC, we provide personalized legal guidance to navigate the complexities of the adjustment process and maximize your chances of success. Contact us today for a consultation.