When you are already living in the United States, you can apply for adjustment of status to become a lawful permanent resident of the United States. This is an alternative to consular processing, in which you can apply for US permanent residency from your home country. When applying for adjustment of status, you do not need to head back to your home country to complete the application process.
In this article, we will tell you some of the most important things about adjustment of status application.
Are You Even Eligible For AOS?
Certain types of people like refugees, and relatives to US citizens can apply for adjustment of status. If the application is approved, they are granted with the United States green card. However, there are some eligibility requirements you must fulfill if you want to apply.
- If you entered the United States through a valid visa.
- If you are currently living in the United States.
- You are in a lawful status.
- It’s been one year or more if you have gotten a refugee or asylum status from the USCIS.
- Your preference date on the visa application has arrived.
In some cases, you are in eligible to apply for adjustment of status. Here are some of those scenarios.
- You are not currently residing in the United States.
- You are not a valid immigrant of the United States.
- You did not enter the United States through a legal channel.
- You are being deported by the authorities.
- You are already a permanent resident with conditions.
- You did not enter the country through a valid visa.
There is also a 90 day rule you need to understand if you want to apply for adjustment of status while living in the United States. For example, if you have come to the US with a valid visa, the USCIS expects you to stay in the country with the same reasons you got the visa for. So, applying for adjustment of status within the first 90 days can affect your application negatively.