Adjustment of Status (AOS), is the process of a non-United States citizen petitioning to become a Permanent Resident. If someone obtains permanent residency, they are able to live and work in the United States permanently. Additionally, a person who obtains this status will need to carry around their documentation, also known as a green card, at all times. Read on to learn more about adjustment of status.

Who qualifies for an adjustment of status?

To qualify for permanent resident status in the United States, a non-United States citizen must live in the United States and must meet certain criteria. You may be qualified to apply for a green card through any of the following circumstances:

  • Family-based: If the candidate is an immediate relative of a citizen in the United States, they do not need to wait for a visa. Immediate relatives that are eligible for a green card may include parents, spouses, and unmarried children under the age of 21.
  • Job or employment-based: Individuals who want to come to the United States for employment opportunities or a job offer can apply for permanent residency.
  • Refugee or asylum: Those who come to the country as a refugee or who were granted asylum can apply for permanent residency, too. This can occur one year after they came into the country. Spouses or children of refugees and asylees may also qualify.

While these are common ways to obtain a green card, there are other options. Reach out to our firm to discuss your unique situation.

How can I petition for adjustment of status?

It is important to know that petitioning for adjustment of status can take months to even over a year. The process will require steps like biometrics and a formal interview. In the case where a person is petitioning as the spouse of a United States citizen, the immigration officer conducting the interview will assess for proof of a valid marriage. Notably, while the AOS is being processed, a number of people can also file for employment authorization and “advance parole” allowing them to work and travel to and from the United States before completion.

If you have any questions about an adjustment of status, our firm is here to help. Reach out today to discuss your options.

Contact Our New York City Immigration Lawyers

Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.