Can I File Aos Without Changing Surnames
Aligning of status is the legal process that allows strange nationals to apply for a U.South. permanent resident card, unremarkably known as a dark-green card. This allows petitioners to apply for a greenish bill of fare without returning to their state of origin to complete visa processing.
Matters of U.Due south. immigration law can be difficult to sympathise, specially if English isn't your native language. Unfortunately, errors or missing information tin can pb to setbacks or a rejected application. Larn more virtually how to apply for aligning of status and your eligibility.
What Is Adjustment of Status?
Adjustment of condition is a pathway to U.S. permanent residence, the immigration condition of U.S. greenish card holders. Specifically, adjustment of status is the procedure for people who are applying for this status change from within the United states of america. If you alive outside of the U.Southward., you will apply for permanent residence through consular processing.
Who Is Eligible to Apply for Adjustment of Condition?
Adjustment of status (AOS) may grant a green card to people with legal status granted by a temporary visa. This may include anyone with a:
- Student visa
- Tourist visa
- Business travel visa
You lot may also be eligible to apply for AOS through other categories, including:
Green Carte du jour Through Family unit
You may apply for adjustment of status if you accept a green carte du jour through family eligibility. Relatives of current U.Southward. citizens may be eligible for a U.Southward. light-green carte, including:
- Immediate relatives of U.S. citizens (spouse, unmarried child nether historic period 21, parent of U.Southward. denizen who is at least 21 years former)
- Other relatives of a U.S. denizen or permanent resident
- Family unit of U.S. citizen including son or girl child 21 years or older, married son or girl, blood brother or sister who is at least 21 years old
- Family unit of a permanent resident including spouse, unmarried child under 21 years, married son or daughter 21 years or older
- Fiancé(east) of a U.Southward. citizen or the fiancé(e)'due south child
- Widow(er) of a U.Southward. citizen
- Abused spouse, child or parent of a U.South. denizen or lawful permanent resident
Before you tin can file for AOS of a family unit-based dark-green carte du jour, your relative volition need to file the I-130, Petition for Alien Relative.
Dark-green Menu Through Employment
If you have a task offer in the U.S. or are an investor, you may qualify for a green carte du jour through employment. To qualify for a green bill of fare through employment, you lot must take an extraordinary ability in science, art, didactics, business, or athletics. There are three preferences in this category:
- Kickoff preference
- You have extraordinary ability in the sciences, arts, teaching, business organisation or athletics
- You are an outstanding professor or researcher; or
- Yous are a multinational director or executive who meets sure criteria.
- Second preference
- You are a member of a profession that requires an advanced degree; or
- You have exceptional ability in the sciences, arts, or business; or
- You are seeking a national interest waiver.
- Third preference
- You are a skilled worker (meaning your job requires a minimum of two years training or work experience); or
- You are a professional (meaning your chore requires at least a U.S. bachelor'due south caste or a strange equivalent and you are a member of the profession); or
- You are an unskilled worker (meaning you volition perform unskilled labor requiring less than two years grooming or experience).
Doctors who hold to work full-time in clinical practice in designated underserved areas qualify for the Physician National Interest Waiver.
Immigrant investors must invest at to the lowest degree $1 million (or $500,000 in a targeted employment area) in a new commercial enterprise in the U.S. which will create full-fourth dimension positions for at least 10 qualifying employees
Once you make up one's mind that you're eligible, you will need to file an immigrant petition or accept your employer file ane on your behalf. In the example of an employment-based dark-green card, you will file the I-140, Immigrant Petition for Worker.
Who Cannot Apply for Adjustment of Status?
Not all strange nationals can employ for a dark-green card through aligning of status, even if they currently live in the United states. Ineligible parties include:
- Undocumented immigrants
- S visa holders who enter the U.S. as a witness or informant
- Anyone traveling through the U.South. to a dissimilar country
Furthermore, anyone who may be deported cannot file for adjustment of condition. For example, anyone involved in a terrorist grouping is ineligible.
Documents Required Before Filing to Adjust of Status
The number of documents needed will vary, but these are the documents that every applicant needs:
Photographs
You must submit two contempo identical color passport-fashion photos of yourself. U.Southward. Citizenship and Immigration Services (USCIS) requires the photos to be on a white to an off-white groundwork, printed on sparse paper with a sleeky terminate, and be unmounted and united nations-edited.
The photos must be 2×two inches. Those photos must be in color with a frontal view of your unabridged face. You cannot be wearing anything on your head unless required for religious reasons. Using a pencil or felt pen, you must add your A-Number on the back of the photo.
Government Issued ID
Everyone who submits Form I-485, Application to Register Permanent Residence or Adjust Status, should also send in a photocopy of a government-issued ID that has their motion picture on it. This is typically a passport or similar document, even if the passport is expired. USCIS will have other government-issued IDs such as a driver'south license or war machine identification.
Nascency Document
Well-nigh I-485 applicants must besides submit a copy of their birth certificate issued by the appropriate civil authority from the country of their birth. USCIS will only accept a long-form nativity certificate that lists at least one parent.
If your nativity certificate is not bachelor or does non exist, you must show that fact to USCIS. You will too exist required to provide other bear witness of nativity. The U.S. Department of Land has a list of countries and what types of documents they offer.
Inspection and Access or Parole
Most Form I-485 applicants must submit copies of a document showing they got inspected by an immigration officeholder and either admitted or paroled into the United States. USCIS states you can testify this by presenting copies of:
- Passport page with admission or parole stamp issued by an immigration officer
- Passport page with nonimmigrant visa
- Form I-94 Arrival-Deviation Record
USCIS volition accept secondary evidence if i of the primary documents listed above is unavailable. The documents must have been maintained in the ordinary course of concern past any private or organization other than the Section of Homeland Security (DHS).
Additional Documents for Adjustment of Status
The documents listed below won't employ to every applicant, but they can depend on your situation when filing:
- Documentation of your immigrant category: As function of your Course I-485 awarding, you must bear witness you're eligible for a green card in a detail immigrant category. This can typically get established with a copy of Form I-797, Approving Find, or Receipt Notice for your petition.
- Union document and other proof of human relationship: If you're filing Form I-485 as the spouse of the principal awarding, you must typically submit a re-create of your marriage certificate. If either party in the marriage was previously married, USCIS requires y'all to submit evidence showing all before marriages were legally ended.
- Evidence of continuously maintaining a lawful condition since arriving in the U.s.a.: This is required for immigrants in many categories, including family-based, employment-based, special immigrant religious workers, Multifariousness Visa Lottery winners, and others. Several documents tin help y'all show yous maintained lawful status.
- Affirmation of Support/confirmation of bona fide job offer: One of the goals of USCIS is to admit people who will not become dependent on government assistance. USCIS will crave an affidavit of support from either an employer, relative, fiancé(eastward), or an employment-based visa if the business is at least v% owned by a relative.
- Testify of fiscal support: This requirement has relation to the above. To demonstrate financial back up, y'all will probable need to consummate Form I-864, Affirmation of Back up. Nearly family-based applications and some employment-based green carte du jour applications volition exist required to complete Form I-864.
- Written report of medical examination and vaccination record: Well-nigh all green card applicants will have to undergo a medical examination to ensure there are no health concerns. The exams have to be done by a USCIS canonical ceremonious surgeon. These exams practice not take to be done when you lot transport in your dark-green carte application only practice require an date.
- Certified police force and court records of criminal charges, arrests, or convictions: USCIS requires all applicants to report any criminal charges, arrests, or convictions you may take on your record, even when you were a minor. In near cases, yous exercise non demand to submit information relating to traffic violations that didn't involve a physical arrest and if the penalization was less than $500 or points on your driver's license.
- Waiver of inadmissibility: Certain immigrants can be inadmissible to the Us. Inadmissibility tin exist determined for several dissimilar reasons. At that place is, nevertheless, a way to go admissible through grade I-601, Application for Waiver of Grounds of Inadmissibility.
Retrieve, non all of these documents may be necessary for your application. Always double-check to make certain that you aren't forgetting any critical pieces of information before you file.
What If I Don't Have Required Evidence?
According to USCIS, if yous cannot submit primary evidence (birth certificates, wedlock records, etc.), you can send in what's called secondary evidence. This type of evidence tin include school or church records, but along with that, you lot must send in a reason why the primary evidence is not available.
If no secondary evidence is bachelor, you may submit written statements.
According to USCIS, any statement should explain in particular:
- When and where you lot came into the The states
- What documents you had
- Whether you showed them to the clearing inspector
- Any questions the immigration inspector asked
- Whatever other details about your claimed admission or parole
The written statements must be signed under penalty of perjury and may come from yourself or from whatever other individuals who have personal knowledge of the circumstances of your claimed admission or parole.
How Do You lot File for Adjustment of Status?
U.Due south. residents with legal temporary visas may file for a green carte using Grade I-485, Application to Register Permanent Residence or Adjustment of Status. A light-green card petitioner can also file a request for a piece of work permit and advance parole. This will let you to piece of work in the U.S. and travel while you await a conclusion on your application.
What Happens Later on You File for Adjustment of Status?
After y'all submit Form-I485, USCIS will schedule a biometrics appointment. Y'all will receive find by postal service detailing the location, appointment, and fourth dimension of your date. A USCIS officer will collect your fingerprints, take your photograph, and ask for your signature.
USCIS will besides conduct a groundwork check. Depending on the data collected up to this betoken, you may too be asked to nourish an interview. You will swear an adjuration and answer questions about your application or your eligibility for a green card.
If any more than information is required to support your application, USCIS volition send y'all a formal request for evidence. Be sure to post your boosted evidence together in one document parcel. If your application for adjustment of status is approved, yous can look to receive a letter notifying you. Finally, your green carte du jour will exist sent to you.
How Much Does It Price to Apply for Adjustment of Status?
For nearly applicants, the adjustment of status application fee is $1,225. Some exceptions may reduce the fee, including age and refugee status. See the USCIS fee chart below for more than details.
The I-485 filing fee does not include the fee for the immigrant petition. The filing fee for the I-130, Petition for Alien Relative is $535 and the filing fee for the I-140, Immigrant Petition for Alien Worker is $700.
| If You Are… | Form Fee | Biometric Services Fee | Total |
| Under 14 and filing with the I-485application of at to the lowest degree ane parent | $750 | $0 | $750 |
| Under 14 and not filing with the I-485application of at least one parent | $1,140 | $0 | $i,140 |
| Age 14 – 78 | $1,140 | $85 | $1,225 |
| Age 79 or older | $1,140 | $0 | $i,140 |
| Filing Course I-485 based on having been admitted to the United States every bit a refugee | $0 | $0 | $0 |
How Long Does Adjustment of Status Processing Accept?
Information technology tin accept several months to several years to get a dark-green bill of fare through aligning of status. Several factors determine the processing fourth dimension of applications, about chiefly your greenish card category.
While there is an unlimited number of green cards issued every year to immediate relatives of U.South. citizens, other categories take an annual cap. To get an authentic processing time of your case, you should contact USCIS.
Tin can I Stay in the U.s. While Waiting for Aligning of Status?
Depending on your method of filing for adjustment of status, you may be waiting a long fourth dimension. Your visa may expire while you look for your application results. You lot tin stay in the United States while your application processes.
Get Help Filing Your Adjustment of Condition Today
If yous need assistance filing your adjustment of status to get your light-green carte du jour, please contact the experts here at FileRight today. With a free eligibility quiz, we can help decide what you lot demand to go started on your path to permanent residency. Don't hesitate to reach out to u.s. to learn more virtually how we can help y'all.
Source: https://www.fileright.com/blog/documents-required-adjustment-of-status/
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