Attaining citizenship of the most developed country-the US is a dream of many NRIs. But, getting it is not a piece of pie. You have to get through the process called the ‘Adjustment of Status’ (AoS). It can help to navigate challenges in getting lawful permanent resident status. It is also called the green card application process.
The non-residents can get it while being stayed/ worked in the US. Simply put, you need not return to your home for completing this process. But if you are not there, consular processing can sail you through this process.
Let’s get through the rundown to know how you can get the AOS.
Adjustment of Status (AoS) requirements: The US immigration authority follows different ways to apply for it. Its requirements begin with determining category.
- Determine category: Being an immigrant, you should know your category to apply under. It supports you to determine your eligibility and visa availability under that category. To know yours, you can:
- Visit its green card eligibility categories
- Find yours.
- Click and go to that category for coming across the related requirements.
- File immigrant petition, if applicable: Upon determining category, you should fill two forms-an immigrant petition and a Green Card application. However, these petitions should be filed with your sponsor or employer. But, you can also apply for it. Below is the list of all forms, which can help you to file petition:
- Form I-130 (for an alien relative)
- Form I-140 (an immigrant petition for an alien employee)
- Form I-730 (for refugee/ asylee relative)
- Form I-589 (for asylum and withholding of removal)
- Form I-360 (for Amerasian or widow or special immigrant)
- Form I-526 (for employee by alien employer)
- Form I-918 (for U nonimmigrant status)
- Form I-929 (for qualifying family member of a U-1 nonimmigrant)
- Check visa availability: However, you may be asked to fill the Form I-485, in parallel to aforementioned petitions of your category. But, the visa availability matters first. You can check it through these pages:
- Form I-485, if eligible: This form will be vital if you possess eligibility for the adjustment of status. It helps you to register your permanent address or adjust status. However, you can fill it post determining your category. But, certain categories mandate you to fill it together with category form. It is also known as the Concurrent Filling.
Besides, you can apply for adjusting your status under Section 245(i) of the Immigration and Nationality Act (INA). In it, you should fill these forms:
- Form I-485
- Form I-485 Supplement A
- Adjustment of Status under Section 245 (i)
- Biometrics at Application Support Center (ASC): It is an unavoidable requirement. You cannot skip it without properly notifying the USCIS official. Otherwise, your request to reschedule it will be rejected in the future.
As you get a notice after filing the Form I-485, visit a local Application Support Center. The date, time and venue will be mentioned in that notice. The competent authority will verify your biometrics, such as fingerprints, photograph, or signature. It is a key to check your background for security purpose.
Lastly, you have to sign an acknowledgment that whatever information you have provided in the application is complete, true and correct.
- F2F: This is an interview round. The USCIS will schedule it if it seems its necessity. It notifies with the date, time and venue. Appear there and answer its questions. Do not forget to come with all original documents to submit with the Form I-485. These are:
- Passport
- Official travel document
- Form I-94
- Additional evidences: If the USCIS finds you eligible, it may call you with additional proofs. The date, time and venue will be there on the notice. It is possible if:
- You have skipped to submit any crucial document
- The submitted document is no longer valid
- The officer needs to come across more information
- Check status: This step will help you to check the status of your application. You can check this status online or contact USCIS. In the meantime, you should be ready with these specific details:
- Receipt Number
- A-number
- Name
- Date of Birth
- Access decision: The decision of the USCIS is dispatched through a written notice. The approval is generally sent first. Your actual Permanent Resident Card or Green Card will trail that notice.
Disapproval is also delivered through a notice, together with the reason of its rejection. If you want to appeal against the disapproval, you should fill the form I-290B. It determines the notice of appeal and motion.
Moreover, if you change your address, send a prompt to the USCIS within 10 days. Also, update your new address on the Change of Address Information on its website.
