Green Card Through Adjustment of Status

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F4 India handling AOS Cases with Confidence

Immigration Attorneys at F4 India have wide experience in handling Adjustment of Status cases, they provide legal advice and representation on a full range of complex and routine AOS case. A complete assistance for preparation and submission of AOS based cases is provided by our US based Immigration attorneys. The complete process starts with eligibility check for adjustment of status, suggesting the most appropriate option and documentary requirements, USCIS follow ups, Fulfilling the requests for evidence (RFEs) asked by USCIS, Interview Preparation and If required Attorneys do file motions to reopen after an AOS denial. The most important part when you hire an attorney is to have the appropriate knowledge in regard to what option is the best suited for you depending on your situation and current US immigration law, here our attorneys play an important role by providing you best advice like when to apply for employment and travel authorization documents , also they can represent individuals at local USCIS office interviews. The wide experience and successful achievement of our team in the most challenging areas for US Immigration based petitions like Adjustment of Status, Consular Processing case, Child Status Protection Act for children who are “aging out” and inadmissibility waivers makes us unique and first preference of an applicant.

Green Card through Adjustment of Status

Adjustment of status is the procedure that you can use to apply for lawful permanent resident status (otherwise called applying for a Green Card) when you are physically present in the United States. This implies you may get a Green Card without coming back to your Nation of Origin (Home Country) to finish visa processing. In the event that you are outside of the United States, you should acquire your visa abroad through Consular Processing.

Who Qualifies to Adjustment of Status?

To check whether you are eligible to file for Adjustment of Status, the best way is given above through our eligibility check service tool. Every applicant has a different case scenario and thus accuracy to check eligibility to file an adjustment of status application can be verified through the above given eligibility check tool or by contacting our team at info@f4india.com. Here we are presenting some of the basic factors to check if you are qualified to adjust status.

It is important that the intending immigrant must meet three basic requirements. First and foremost is to be physically present inside the United States in order to complete the process of adjustment of Status inside the United States.

Second, you must have entered into United states lawfully. If you have entered with a valid visa, but the visa has been expired, you still had a lawful entry.

Third, requirement is applicable for family preference applicants and that is of an approved and current I-130 petition. To know when a visa number is available for your petition, check our visa bulletin webpage. It is to be noted that Immediate relatives of a US Citizen can file the adjustment of status application along with the I-130 petition. Intending immigrant has to maintain eligibility throughout his or her Adjustment of Status process. As we can see that some limited group of people are eligible to adjust status. That is the reason AOS option for US Green card is used by some immediate relatives, spouses that entered as K-1 fiancés, K2 or K3 Visa, asylees, refugees, or by those who arrive on an employment visa and the employer has sponsored them for a green card.


How to File Adjustment of Status?

A complete adjustment of status packet will include several supporting documents as required by each USCIS form. For detailed instructions on how to prepare the forms and which supporting documents to include, contact our expert team of F4 India to prepare your file for Adjustment of Status or USCIS forms.

Form I-485, Application to Register Permanent Residence or Adjust Status

Form I-130, Petition for Alien Relative

Form I-130A, Biographic Information (if relative is a spouse)

Form I-864, Affidavit of Support

Form I-944, Declaration of Self-Sufficiency

Form I-693, Report of Medical Examination and Vaccination Record

Form I-765, Application for Employment Authorization (optional)

Form I-131, Application for Travel Document (optional)

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How Long Does it Take For Adjustment of Status?

About 8 to 14 months is the expected time to get Green card through Adjustment of Status process. well exceptions are always there. Usually Adjustment status process is longer than Consular Processing. Check the below given time line which elaborates what happen after filing Form I-485 and how long it takes.

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What Would be an Attorney’s Suggestion For Your USCIS Biometrics Appointment?

After you file your Form I-485, You receive an appointment notice from USCIS, which tells you about the biometrics appointment date, time, location and what all you need to take to the appointment. Usually the Biometric location will be at the USCIS Application Support Center near to you. The biometrics screening, mainly known as biometric appointment is a short appointment of 30 minutes. USCIS officer collect your fingerprints, photograph and signature.

Our Immigration attorneys suggested you to wear a professional attire in order to give a good impression to the ASC staff. You should arrive 15 minutes before your scheduled appointment. It is highly recommended that you attend the appointment that is scheduled for you, but in case you are unable to attend than there are options to reschedule the appointment but this is recommended only if it is necessary. Probably your petition / application can get denied if biometrics is not satisfied within a reasonable time frame as scheduled by USCIS. Understand it in this way, USCIS Application Support Centers are instructed to provide applicants with a reschedule date within a 30-day time frame from the date of the reschedule request and the reason provided for the reschedule has to be presented accurately. You can contact our team to reschedule your biometrics with USCIS.

The most important suggestion by our lawyer is especially for those who have or had a criminal record. If this is the case with you then you should contact an immigration lawyer before filing any USCIS form or before appearing for USCIS biometrics appointment. This is important because some crimes do not allow you to take US immigration benefits. A lawyer knows how to deal with such situations.


Is There an Interview For Adjustment Of Status?

Some months later, you will most likely be required to appear for an adjustment of status interview. In several cases, the relative that filed Form I-130 will also be required to attend. USCIS has the ability to waive an interview for certain persons. They will inform you of the time, date, and location for an interview. USCIS uses the adjustment of status interview to confirm the information you and your petitioner have provided on the petition and the adjustment application. It’s also a chance for them to see if circumstances have changed that may make you ineligible. Generally, this is a quick interview that only lasts 20-30 minutes.


What are the Pros And Cons For Adjustment of Status?

Filling Adjustment of status has advantages, Although the process typically takes longer than the consular processing. The Adjustment of the status processing time line is 9 to 15 Months for family-based applications and often longer for other green card application categories. However, the most important benefit of adjusting status is that, during the process the intending immigrant can stay with family. This avoids travel expenses and the long separation between family members. So even though the AOS process is longer than the consular process, the intending immigrants can work in U.S. and even travel outside the United States.

If the Adjustment of status case is denied, the applicant may challenge the denial decision by administrative and/or judicial appellate processes, while the consular processing decisions for a green card are final.


What is the Difference Between Adjustment of Status and Counsellor Processing?

ADJUSTMENT OF STATUS CONSULAR PROCESSING
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Adjustment of Status: USCIS

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Consular Processing: Department of State

Accessing Authority: Under this process your application will go to U.S. Citizenship and Immigration Services (USCIS). Accessing Authority: Under the process of consular processing, the U.S. Department of State is responsible for your immigrant visa application.
Time: For an Immediate relative Processing time for Adjustment of Status usually takes 10 to 18 months. Time: For immediate relative processing time under Consular Processing takes 5 to 12 months.
Travel: While waiting for your I-485 Adjustment of Status application approval from USCIS you may travel outside the U.S. provided you have obtained the correct authorizations. Travel: Being an applicant for immigrant visa and having a pending immigration petition It may be much more difficult to visit the United States Though it’s possible to get a B1/B2 visa but it shouldn’t be expected.
Fees: The set of forms to be filed for a family-based adjustment of status package is generally more extensive than consular processing. Fees: Consular Processing path for getting a green card is almost always less expensive than the path of Adjustment of Status.

How Much Does it Cost to File For Adjustment of Status?

Find the complete cost to file for adjustment of status below. Attorney’s fee is not included here , if you want to know what would be the attorneys fee for complete Adjustment of Status processing or for particular one section to handle if you have already filed adjustment of status and need help in between the processing, email us at info@f4india.com. To know the fees for consular processing visit our page green card through consular processing.

Adjustment of Status

USCIS FEES FEE (USD)
Form I-130, Petition for Alien Relative $675
Form I-130A, Supplemental Information for Spouse Beneficiary 1 $0
Form I-485, Application to Adjust Status 2 $1,440
Form I-864, Affidavit of Support $0
Form I-693, Report of Medical Examination and Vaccination Record $0
Form I-765, Application for Employment Authorization 4 $0
Form I-131, Application for Travel Document 4 $0
Biometrics (applicants ages 14-78) $85
Total for Typical Adult Applicant $1,760

Why You Need an Immigration Attorney to Help You Prepare The I-485 Application?

To avoid running into unnecessary trouble, it is a good idea to hire an immigration attorney when applying for your Adjustment of Status. Keep in mind that, each year, USCIS rejects or denies thousands of I-485 applications.

An attorney will do the following tasks in order to make your case stronger for approval.

  • Filling with attorney is safe and secure.
  • Avoid delay and costly errors.
  • Analyse your eligibility.
  • Spot any potential legal problems.
  • Prepare the complete set of complex forms.
  • Follow up with USCIS in regard to case updates.
  • Quick results and fast processing.
  • Only attorney can guide you in legal matters while USCIS does not provide legal guidance in regard to your case. Even if in some cases a USCIS information officer may give you advice but keep in mind that USCIS employees cannot best represent your interests- that’s what your attorney does.
  • It is important to have an attorney if you have issues about moral character, for an example, if ever in your life you have arrested for a drug offense or DUI or other crime.
  • Attorney takes quick action if there is a request for additional evidence by USCIS.
  • Sometimes you need attorney simple because your case has gotten messy and you need more personalized advice.
  • Experienced lawyers may also have contacts inside USCIS who can give them information or locate a lost file.

Just Remember that

“A good attorney can be the difference between an approval and a denial and its always better to get it right the first time.”


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