Adjustment of Status Checklist (2024)

EMAIL info@attlaw.com

(972)426-7464

EMAIL info@attlaw.com

(972)426-7464

EMAIL info@attlaw.com

(210) 890-4118

EMAIL info@attlaw.com

(346)241-0125

Adjustment of Status (AOS) refers to applying for a lawful permanent resident status (popularly known as a permanent resident/PR card or a green card) when you are physically present in the United States.

This status alleviates the need to return to your native country to finish visa processing. In addition, AOS allows you to stay in the United States while your application is processed in case your visa expires before the approval of your green card.

The alternative when applying for a green card is to do so from your home country through the American consulate office in your country. The effect of a successful AOS is that your status changes from a nonimmigrant status to an immigrant status.

Applying for your green card through AOS can be complex and intimidating. There are countless forms, fees, processes, and regulations to consider, and you need to comply with the letter of the law if you expect to be successful. A minor oversight can cause significant delays in your application and, worse, cause your application to be rejected.

If you are adjusting your status or are considering doing so, it may be helpful to enlist the help of an Immigration Attorney in Texaswho can assist you in avoiding critical mistakes and in every step of the way.

Are you Eligible for the Adjustment of Status Application?

To apply for an Adjustment of Status (AOS), you need to

• Have an approved immigrant petition
• an available visa number
• physically present in the U.S.
• must not have entered the country illegally
• Admissibility under immigration law, which means you must not be falling under any category of inadmissibility, such as certain criminal convictions, health-related grounds, or security-related grounds.

Besides this, there are some specific scenarios of eligibility, such as:

• Immediate relatives of U.S. citizens are typically eligible. Preference categories also exist for other relatives.
• Priority workers, professionals with advanced degrees, skilled workers, and certain special immigrants are also eligible.
• Those granted asylum or refugee status may be eligible to apply for AOS after one year.
• Diversity visa lottery winners who are already in the U.S. may apply for AOS.
• Other special categories include U-visa recipients, certain abused spouses or children under the Violence Against Women Act (VAWA), and others.

To understand each category and its specific requirements and exceptions, it is important to get legal advice based on individual circ*mstances. Consulting with a skilled professional can help you better understand these things.

Since several documents need to be submitted along with your USCIS form I-485, it is helpful to use an adjustment of status checklist to ensure you don’t omit any in your submission. You can apply under an immigrant category specific to your circ*mstances:

• Family-based green card
• Employment-based
• Special immigrant
• Asylum or refugee
• Human trafficking victim or crime victim
• A general classification for other options.

Different categories require slightly different elements in each checklist. Our checklist is centered around the most popular category – the family-based category and includes the following:

• The completedForm I-485
• Two passport-style photographs
• Form I-797approval receipt of your nonimmigrant visa
• Form I-94travel document
• A copy of theForm I-693medical examination results, if required
• A copy of the employment authorization document
• If applying for an employment-based green card, the job offer letter
• If applying for a marriage-based green card, the marriage certificate
• A copy of the green card approval receipt for you from the USCIS

When Do You Require an Adjustment of Status Checklist for an Interview?

It is normal to be called for a personal interview appointment after applying for AOS. This does not mean you have been singled out or shortlisted, the interview is there for verification of the information you have provided. It is advisable to prepare for your interview, and an adjustment of status checklist is a handy tool to help you prepare.

Once again, this checklist applies to the family-based category, which is the most popular one. Your green card interview checklist should include the following:

• Government-issued photo ID. Typically your passport or even a government-issued driver’s license
• Appointment notice for an I-485 interview
• A copy of your entire adjustment of the status application packet, including Form I-485 and all other forms you submitted
• Originals of supporting documents that have been presented to the USCIS, along with the adjustment of status application. Most importantly, marriage, death, birth certificate, and divorce decrees
• Your passport
• Any other travel documents, such as an advance parole permit, in case you traveled while awaiting your interview
• Doctor’s report from the required medical examination as per Form I-693
• If the application is employment-based, an up-to-date employment verification letter evidencing continuous employment at a certain salary
• If applying based on marriage, originals plus copies of marriage certification documents

Preparing for the interview could be challenging because of the anxious state you must be in. Most applicants mess things up because they need to prepare for the possible questions that might be asked during the interview.

Checklists vary for different visa types under AOS. However, USCIS has some detailed checklists on itswebsite, which may prove helpful.

Three important things to note for your submission:

• Do not submit your checklist with your application.
• Do not submit original documents, as it’s unlikely you will get them back.
• Be sure to provide officially translated documents where the originals are in a foreign language. Be sure to use an accredited translator.

How Should You Organize Your Adjustment of Status Package?

It is helpful to make the package as simple to navigate as possible. It should be easy for USCIS personnel to take out pages that they need without affecting the order of the documents.

We suggest using a ring binder with clearly demarcated sections and a two-hole punch to punch all pages so USCIS officials can easily access them.

USCIS does have a preference for the order of documents. Order the papers from front to back in the order given below:

• Check or money order orForm G-1450, Authorization for Credit Card Transactions, to prove you have paid the filing fee. In case of payment via check or money order, complete the form you are filing along with the details of your A-Number or other identification details, if applicable, on the check or money order.
• Form G-1145, Request for e-Notification(if applicable).
• Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative(if applicable).
• Forms being filed
• Form supplements being filed, if applicable.
• Supporting documentation

For more detailed information, you can visit theUSCIS website.

Here is an example of a complete checklist for the spouse of a U.S. citizen filing a concurrent immigrant petition for an adjustment of status. This is for informational purposes only.

• Proof of payment – Check, money order, or credit card payment
• Cover letter with an index of contents
• Form G-1145, Request for e-Notification (if applicable)
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Supporting documents for Form I-485
• Form I-130, Petition for Alien Relative, followed by supporting documents
• Form I-130A, Supplemental Information for Spouse Beneficiary, followed by supporting documents
• Form I-864, Affidavit of Support, followed by supporting documents
• Form I-765, Application for Employment Authorization, followed by supporting documents
• Form I-131, Application for Travel Document, followed by supporting documents
• Form I-693, Report of Medical Examination and Vaccination Record

What Are the Timelines for an I-485 Adjustment of Status to Be Approved in 2022?

After filing your Form I-485 application, it can take between 8 and 14 months to be processed for family-based applications. The basis of your AOS (for example, family, employment, asylum) will affect the processing time.

At times, additional information is required by USCIS, and sometimes a second interview as well, which may add to the processing time of your application.

Your case status can be checked online using your receipt number. In addition, average processing times are listed on theUSCIS website.

To demonstrate financial stability in an Adjustment of Status application, the principal applicant must provide comprehensive documentation proving their ability to support themselves and any dependents. This includes proof of employment, such as recent pay stubs and evidence of sufficient income above the USCIS filing fees threshold. Bank statements, tax returns, and asset details can also be submitted. It’s essential for the applicant to include a long-form birth certificate with a certified transition, if applicable, and a copy of their permanent resident card.

Proof of lawful status, such as visa stamps and entry stamps in their passport, should be provided. Additionally, any sealed envelope from a civil surgeon and documents related to previous marriages must be continuously maintained and included, as specifically requested by USCIS.

What Will an Immigration Lawyer Do for You?

A skilled immigration attorney can help determine if you’re eligible for a green card. They can advise you on the AOS process, help you file Form I-485, assist you with any paperwork, and follow through to check your status.

The experienced immigration attorneys at Andrew T. Thomas Attorneys at Law have assisted countless people in obtaining their green cards. In addition, the firm provides a full range of citizenship and immigration services. So whether you wish toAppeal Your Deportation Orderor require representation inImmigration Court, we have you covered and would love to represent you. Contact us for an appointment today.