Adjustment of Status (AOS)
Pathway to Permanent Residency
Adjustment of Status (AOS) is the critical process allowing eligible individuals to transition from temporary status to Lawful Permanent Resident (Green Card) status without leaving the United States.
The Application Process
The primary vehicle for this process is Form I-485. Applicants may typically file concurrently for ancillary benefits:
- Employment Authorization (EAD): Allows you to work legally while the case is pending (Form I-765).
- Advance Parole (AP): Permits international travel and re-entry without abandoning your application (Form I-131).
General Eligibility
To qualify, an applicant generally must meet two strict criteria:
- Lawful Admission: Must have been inspected and admitted or paroled into the U.S.
- Continuous Status: Must not have violated immigration status (unless a specific exception applies).
Exceptions & Special Provisions
Complex regulations allow certain applicants to adjust status despite past violations.
Section 245(i)
Allows individuals with older priority dates (filed on or before April 30, 2001) to adjust status upon payment of a penalty fee, even if they entered unlawfully or fell out of status.
Section 245(k)
A specialized provision for Employment-Based applicants. It forgives status violations (such as unauthorized work) for up to 180 days since the most recent lawful admission.
Immediate Relatives
Spouses, parents, and minor children of U.S. Citizens receive special treatment. They may generally adjust status even if they have overstayed their visa or worked without authorization.
Navigating the complexities of AOS requires strategic expertise.
Contact Wang Law PLLC today to maximize your chances of success.