info@kasturilaw.com

Call Us Today

630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville,
IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Applying for a Green Card through the Adjustment of Status (AOS) process allows individuals already in the United States to become lawful permanent residents without returning to their home country. This pathway is an excellent option for those who meet specific eligibility criteria and want to complete the entire process from within the U.S. Here, we explain the process.

Green Card from Inside the U.S.

Who is Eligible for Adjustment of Status?

Before starting the Adjustment of Status process, it’s essential to determine whether you are eligible.

To qualify, you must:

  • Be physically present in the United States: You must be within U.S. borders to apply for AOS. If you are outside the U.S., consular processing is required instead.
  • Have a qualifying basis for a Green Card: You must meet the criteria for one of the Green Card categories, such as:
  • Family-based Green Cards for spouses, parents, children, or siblings of a U.S. citizen or permanent resident.
  • Employment-based Green Cards for those with a job offer or those who qualify under employment preference categories.
  • Special humanitarian categories include asylum, refugee, U visas, and T visas.
  • Be lawful: Most AOS applicants must be in lawful immigration status when applying. Some exceptions exist, such as for certain immediate relatives of U.S. citizens or those under Section 245(i) of the Immigration and Nationality Act.
  • Have an approved petition: In most cases, you must have an approved immigrant petition (such as Form I-130 or I-140) before applying for adjustment of status. There are certain instances, like immediate relatives of U.S. citizens, where you can file the petition and the AOS application concurrently.
  • Not have barred inadmissibility factors: Certain factors, such as criminal records, immigration violations, or health issues, can render you ineligible for adjustment of status. In some cases, waivers may be available.

Once you’ve confirmed your eligibility, you can begin the AOS process.

What is the Adjustment of Status Process?

Once the petition is approved, or if you are filing concurrently, the next step is to file Form I-485, Application to Register Permanent Residence or Adjust Status. This is the primary form used to apply for a Green Card.

When filing this form, you will need to include the following:

After you submit your Form I-485, USCIS will schedule a biometrics appointment. Your fingerprints, photographs, and signatures will be taken during this appointment for background checks. This step is essential to confirm your identity and verify that you do not have a criminal history that would make you ineligible for a Green Card.

In most cases, USCIS will require you to attend an interview at a local USCIS office. During this interview, the officer will review your application, verify the information, and ask questions about your eligibility and background. If you are applying based on a family relationship, the officer may ask questions about your relationship to ensure it is genuine.

After the interview, USCIS will decide on your application. You will either be granted a Green Card, or USCIS may request additional information (through a Request for Evidence or RFE). In some cases, your application could be denied, in which case you may have the option to appeal or reapply, depending on the circumstances.

If your adjustment of status application is approved, you will receive your Green Card in the mail. This card grants you lawful permanent resident status, allowing you to live and work in the U.S permanently.

If you are considering applying for a Green Card through the adjustment of status process, working with our experienced immigration attorney can provide valuable guidance and help you avoid common mistakes. With the proper preparation and support, you can navigate the process confidently and move closer to securing your lawful permanent residency.

Contact our Illinois immigration law firm today to schedule a consultation that suits your needs.

Contact Our Immigration Lawyer at Kasturi Law, LLC Today

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you move forward confidently.

Related Links: