An “adjustment of status” (AOS) is the process through which a person who is in the United States files a petition with U.S. Citizenship and Immigration Services (USCIS) to adjust status from nonimmigrant (temporary) to immigrant (permanent) status.

Changing an individual’s immigration status is applicable only if the individual was inspected, admitted, or paroled into the United States and meets all mandatory qualifications for permanent residence in a particular category.

Adjustment of Status is often known as the final step in obtaining a green card. Once an AOS application is approved, the individual applying will have officially gained permanent resident status in the United States. As a result, the individual can legally live and work in the country indefinitely, and perhaps become a naturalized U.S. citizen in the future.

Additionally, AOS applicants may receive other benefits, including the ability to apply for “advance parole,” which allows them to travel abroad and re-enter the country without having to obtain a visa. They may also apply for an employment authorization document (EAD) or “work permit,” which allows them to work in the U.S. for a salary. Moreover, AOS applicants can legally remain in the U.S. without renewing their status.

An individual cannot choose to adjust status, but instead must be eligible to do so. Persons living abroad who are not currently in the United States are not eligible for an AOS. Instead, those individuals must visit the U.S. Embassy or consulate in their foreign country and go through consular processing to obtain an immigrant visa.

Malik & Associates, PLLC understands the often-complicated process and the high stakes of applying for permanent U.S. residency, which is why it is imperative for aliens seeking adjustment status to consult with one of our experienced attorneys as they begin their AOS case.

Filing for AOS may seem like an easy procedure for someone who is eligible. However, there are several tricky issues that must be considered. These include:

For these reasons, we recommend you request a consultation with our experienced immigration AOS attorneys when filing your I-485 application.

At Malik & Associates, PLLC we have helped hundreds of employees and families in adjustment of status cases. Our experienced adjustment of status attorneys can help you understand your options and eligibility, assist in filing the petition and forms, and support you every step of the way.