Embedded Files
Adjustment of status (AOS) is a procedure when a non US citizen wants to become a permanent resident of the United States. The procedure in application for adjustment of status is quite different from the method of applying for permanent residence from abroad. The petition for the adjustment of status can take few months or over a year. Otherwise, if you apply for a CR1 or IR1 visa, there’s no need to file for adjustment of status. But when you applied for a US K1 visa or K3 visa, you will have to apply for it.
Eligibility for Adjustment of Status
The rules about the adjustment of status can be found in Section 245 of the Immigration and Nationality Act. The alien’s status who admitted to the US legally may be adjusted by an Attorney General, with discretion under such regulations that the attorney imposes. An alien will be lawfully admitted for permanent residence if:
He or she makes an application for adjustment
He or she is eligible to receive an immigrant visa
He or she is admissible to the US for permanent residence and an immigrant visa is immediately available at the times the application is filed.
To apply for an adjustment of status, the visa for an immigrant must be available to alien immediately in filing his or her adjustment of status. This will not be a problem to those who are K1 visa or K3 visa holders due to the unlimited number of “green cards” or permanent residence card. These cards will be issued to immigrants who are direct relatives or spouses of US citizens. The Application to Register Permanent Residence or Adjust Status Form I-485 must be filed in the USCIS district director in the district where the alien lives.
Filing the Form I-130
If you haven’t applied for Form I-130 Petition for Alien Relative yet, you must have to file one. In some instances wherein you don’t have to file Form I-130 to avail a K3 visa, the K3 visa sponsors must file for the petition when you apply for adjustment of status. But after you arrived in the US, you are capable to file for both forms at the same time.
If the I-130 petition has completed and you have compiled all necessary documents, you can now send them to USCIS lockbox in Chicago for processing. Be certain to provide copies for yourself of petition and all the documents you have sent because it may be useful in time. After the USCIS received your I-130 petition, they will send you Form I-797 which confirms that they are processing your I-130 petition.
Filing the Form I-485
To register Permanent Residence or Adjustment of Status, you must also have to file Form I-485. If the visa holder is living in the US, you can file the I-130 any time after receiving Form I-797 Notice of Action from the USCIS signifying that the I-130 petition is being processed. In filing Form I-485, you must include a copy of your petition and either the receipt or notice of approval from the USCIS (Form I-797, Notice of Action 1 or 2)
US Visa Thailand Application Support Center
Once you have filed for Form I-485, you will be informed to show up at the Application Support Center for biometrics collection that generally indicating your picture and signature taken and being fingerprinted. Those details are useful to perform required security checks for the final construction of your green card, employment authorization (work permit) or advanced parole document.
In addition, you will be required to appear in the USCIS office to answer some questions regarding your application. And when the application process is completed, the decision will be notified to you via mail.
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