FAQs
Adjustment of Status to Permanent Residence
What is Adjustment of Status (AOS)?
AOS is a process through which an individual applies to become a permanent resident (i.e. green card holder) from within the United States, as opposed to applying from abroad. This is the final step in the process to achieve permanent residence.
What are the requirements to file for AOS?
The individual, in most cases, must have entered the U.S. legally and must be physically present in the U.S. at the time the AOS application is submitted. Additionally, the individual must be immediately eligible to receive a green card, which means they must have an approved family petition (I-130) or employment-based petition (I-140), or be eligible for concurrent filing, and their priority date must be current. A link to the Visa Bulletin can be found on our website at www.larrabee.com/links.aspx. Moreover, the applicant must be admissible to the U.S. or be eligible for a waiver.
What if I do have a problem in my background? Is my case hopeless?
Not necessarily. There are some waivers in the law but they are limited and cannot be discussed generally here. Make sure to fully disclose everything to your attorney so proper legal advice can be obtained and appropriate strategies considered. In some cases, the problem can be overcome by not seeking AOS but instead, processing the final stages through the American consulate in your home country.
Where do I file for AOS?
The individual and all family eligible dependents file their cases by mail to either a USCIS lockbox or Service Center, depending on the classification under which they are filing. Employment-based cases are usually handled exclusively by mail, although a random sampling of cases are sent to the local offices for interview to assure quality control. Other cases sent for an interview may be those where a record check revealed something or where suspicion of fraud exists. Certain family-based petitions also require an interview.
How long does it take to complete AOS?
This depends on a number of factors. One main factor is the background checks that USCIS obtains from various government agencies to ensure that there are no criminal, immoral, or fraud-related issues that would make the individual ineligible to receive a greencard. These checks are beyond the control of USCIS. Thus, processing times vary drastically, and there is little consistency. A link to USCIS Processing Times can be found at www.larrabee.com/links.aspx.
Can my family go through AOS with me?
Yes, dependents which, under immigration law include a spouse and unmarried children under 21 years of age may immigrate through AOS assuming they do not have any of the problems mentioned above. As a general rule, if a child turns 21 before the AOS is filed, that child may not immigrate with the rest of the family. However, some children may still immigrate as dependents over 21 years of age if they qualify under the Child Status Protection Act (CSPA).The CSPA, signed into law on August 6, 2002, permits applicants for certain benefits to retain classification as a "child" even if he/she has reached the age of 21 and is unmarried. The process to determine whether an individual will benefit from CSPA is made on a case by case basis. Therefore it is very important that you notify the Attorney handling your case if you have any children close to the age 21.
Can I travel while the AOS application is pending?
Generally the answer is YES. If you are maintaining valid H or L status while your AOS is pending you may be eligible to travel in the H or L status with a valid H or L visa stamp. If you are not maintaining valid H or L nonimmigrant status you will need an advance parole document to travel. For more detailed information on traveling during the pendency of an AOS application, please see our International Travel Advisories and Requirements page.
Can I or my dependents get permission to work?
As part of the AOS application, employment authorization can be obtained for the principal applicant as well as dependents. This employment authorization is referred to as an EAD (Employment Authorization Document) and is valid for at least one year and renewable while the AOS is pending. However, if an individual in valid H or L status works pursuant to an employment authorization document, they will lose their H or L status and become an adjustment applicant.
When I am scheduled for a biometrics appointment, what documents do I take with me?
On the day on which you have been scheduled for biometrics, you need to bring with you to the USCIS application Support Center (ASC) your appointment notice; and government issued identification (valid passport, driver’s license or state photo identification card). If you do not bring photo identification, you will not be fingerprinted.
What if I cannot make the biometrics appointment at the scheduled time and day?
If you cannot go to the ASC for your scheduled appointment, please contact our office so that we can submit a reschedule request to the USCIS on your behalf. You cannot call the ASC or the CIS 1-800 number to reschedule your appointment. Failure to attend your schedule appointment will result in a denial of your AOS application. Multiple reschedule requests without a valid reason may also result in a denial.
What if I miss my biometrics appointment or forget to reschedule?
Your AOS application and the AOS applications of your family members will likely be denied.
After my biometrics have been completed does that mean my AOS application will be approved soon?
The timing of your biometrics appointment does not mean anything about the continued processing time for your AOS application. Biometrics are only one step in the process and are not done at any particular time.
How soon after filing the AOS will I receive a biometrics appointment notice?
Biometrics are not done at any particular time and the timing of the biometrics appointment is no indication as to how long the AOS process will take to complete.
Can I check on the status of my or my family members fingerprints?
No. You cannot inquire about the fingerprint process.
Some individuals receive requests for evidence (RFE) for their AOS applications. Can I prepare documents to get ready for an RFE on my case?
RFEs are not issued for every AOS application and the RFEs do not always ask for the same information or documents. RFEs are issued on a case-by-case basis and we don't know what USCIS wants until we receive the RFE.
The online system at USCIS shows that my AOS application has been approved. When will I receive my permanent resident card (greencard)?
USCIS will send the approval notice within 2-4 weeks from the time the online system is updated. The greencard will be sent to the applicant shortly after the approval of the AOS application. If 30 days have passed since the approval notice has been received and you have not received your green card please contact our office.
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