Overview On Adjustment Of Status Process In Us

By Author: Nancy Mervin
Total Articles: 56
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If the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications the Immigration and Nationality Act (INA) permits the change of an individual's immigration status while in the US from temporary non-immigrant or parolee to permanent immigrant for a green card in a particular category. “Adjustment of status” is the term given for change to permanent residence status process. Adjustment of status is the process by which an eligible individual already in the United States, without having to return to their home country to complete visa processing, can get permanent resident status, a green card.

Green card can also be obtained by being petitioned filing Form I-130 for it by a relative who is already a green card holder or a US citizen. Your employer also can file for your green card by filing Form I-140. Through marriage to a US citizen the alien spouse gets the conditional status which could be upgraded to permanent residence status by filing Form I-751 ninety days before conditional status expires. Also, an alternate process for an individual outside the ...
... US to obtain a visa abroad and enter the United States as a permanent resident is known as “consular processing”. Lastly green card can also be won through green card lottery which happens once a year.

Adjustment of Status Checklist

When it’s time to file the application for adjustment of status applicants should make sure that they have all the following forms ready:

• Form I-485
• Form G-325A
• Form G-1145 (optional for e-notification)
• Filing fee of $985 for applicants age 14 and older; $635 for applicants under age 14 and Biometrics fee of $85. Applicants should verify current fees on the USCIS homepage.
• Two identical passport style photographs
• Sealed medical exam results
• Form I-864 and financial documentation
• Applicant’s affidavit regarding past means of support (if the applicant has been in the U.S. for more than 3 months)
• I-130 Approval or Receipt Notice showing current priority date. Not required if simultaneously applying for immediate relative applicants
• Applicant’s foreign birth certificate
• Copy of Form I-94 Arrival/Departure card and other immigration documents showing lawful presence in the U.S.
• Copy of applicant’s passport
• Documentation of the qualifying family relationship
• Self-addressed stamped envelope (to receive the filing receipt)

Optional Work Authorization Application

• Form I-765
• Two identical passport style photographs
• I-130 Approval or Receipt Notice showing current priority date. Not required if simultaneously applying for immediate relative applicants
• Copy of Form I-94 Arrival/Departure card
• Copy of applicant’s passport identification page and one other form of photo identification.

Optional Travel Authorization Application

• Form I-131
• Two identical passport style photographs
• I-130 Approval or Receipt Notice showing current priority date. Not required if simultaneously applying for immediate relative applicants
• Copy of Form I-94 Arrival/Departure card
• Copy of applicant’s passport identification page

Once filed, to determine if application Form I-485 should be accepted or rejected lockbox personnel will review the application. If all required forms and filing fee are current the applications will be accepted. A computerized filing receipt will be issued by the lockbox personnel once application for adjustment of status is accepted with the case number which that applicant can use to make status inquiries.

Lockbox personnel forward the accepted application to the National Benefits Center which will issue a second receipt once they have received the application documents. Processing of the Employment authorization and Advance Parole applications will be done by National Benefits Center and also review the I-485 application for completeness. The National Benefits Center may request that the applicant provide additional information or documentation if any documentation is missing or unclear.