How to Apply for Adjustment of Status from Inside the U.S.
How to Apply for Adjustment of Status from Inside the U.S.
If you are a refugee or immigrant residing in Tulsa, Oklahoma, and are looking to adjust your status to become a lawful permanent resident, you are not alone. The journey toward obtaining a green card can be complex and often overwhelming. However, understanding the adjustment of status (AOS) process can help you navigate the steps more effectively. In this blog post, we will outline the practical steps, timelines, necessary documents, and common pitfalls to avoid during the adjustment of status process.
Understanding Adjustment of Status
Adjustment of status allows individuals currently in the U.S. to apply for permanent residency without needing to return to their home country. This process is particularly relevant for refugees and asylum seekers who have been granted asylum status and wish to obtain a green card.
Who is Eligible?
To qualify for adjustment of status, you must meet certain criteria, including:
- Being physically present in the U.S.
- Having an approved immigrant petition or qualifying for a specific category.
- Being admissible to the U.S. (certain criminal records or immigration violations may affect this).
Practical Steps to Apply for Adjustment of Status
Step 1: Determine Your Eligibility
Before initiating the AOS process, confirm your eligibility. If you are a refugee or have been granted asylum, you can apply for adjustment of status one year after your asylum grant.
Step 2: Gather Necessary Documents
You will need several documents to support your application. Commonly required documents include:
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
- Form I-864 (Affidavit of Support) from your sponsor
- A copy of your asylum approval notice
- Proof of identity (passport, birth certificate)
- Medical examination results (Form I-693)
- Two passport-sized photos
Step 3: Complete Form I-485
Fill out Form I-485 carefully. Ensure all information is accurate, as errors can lead to delays or denials.
Step 4: Submit Your Application
Once you have completed your forms and gathered the necessary documents, submit your application package to the appropriate USCIS office. Be sure to include the required filing fee unless you qualify for a fee waiver.
Step 5: Attend Biometrics Appointment
After submitting your application, you will receive a notice for a biometrics appointment. At this appointment, USCIS will collect your fingerprints, photograph, and signature.
Step 6: Attend the Interview
In many cases, you will be required to attend an interview at a local USCIS office. Prepare for this interview by reviewing your application and being ready to answer questions about your background and reasons for applying.
Step 7: Receive Your Decision
After your interview, you will receive a decision on your application. If approved, you will receive your green card by mail.
Timelines
The entire adjustment of status process can take anywhere from 8 months to over a year, depending on various factors, including your specific case and USCIS processing times. It's important to remain patient and proactive throughout this period.
Common Pitfalls to Avoid
- Incomplete Applications: Double-check that all forms are filled out completely and accurately.
- Missing Documents: Ensure you have all necessary supporting documents before submission.
- Ignoring Deadlines: Pay attention to timelines for submitting forms and responding to requests from USCIS.
- Not Seeking Legal Help: Consider consulting with an immigration lawyer in Tulsa, Oklahoma, to guide you through the process and avoid potential pitfalls.
Quick Checklist for AOS Application
- Confirm eligibility for adjustment of status
- Gather required documents
- Complete Form I-485
- Submit application package
- Attend biometrics appointment
- Prepare for and attend the interview
- Await decision from USCIS
Frequently Asked Questions
What is the difference between adjustment of status and consular processing?
Adjustment of status allows individuals to apply for permanent residency while remaining in the U.S., whereas consular processing requires individuals to apply from their home country.
How long does it take to get a green card through adjustment of status?
The processing time can vary significantly but typically ranges from 8 months to over a year.
Can I work while my adjustment of status application is pending?
Yes, you can apply for a work permit (EAD) while your application is pending, which allows you to work legally in the U.S.
In conclusion, navigating the adjustment of status process can be daunting, but understanding the steps and requirements can make it more manageable. For help with your case, call +1 918 221 9438 (phone or WhatsApp) or visit our consultation page at New Horizons Legal.
Disclaimer: This content is general information and does not constitute legal advice. For personalized guidance, schedule a confidential consultation.
This post is for general informational purposes only and does not constitute legal advice. Every case is unique. Consult a qualified immigration attorney to discuss your specific situation.
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