Adjustment of Status (AOS) is a process in the United States that allows an eligible individual to apply for lawful permanent resident (LPR) status (a green card) without having to leave the U.S. to apply at a U.S. consulate or embassy. This process is primarily available to individuals who are already physically present in the U.S. and meet the eligibility requirements.
Who is Eligible for Adjustment of Status?
To apply for AOS, the applicant must:
1. Be physically present in the U.S..
2. Be eligible for a green card under one of the categories (e.g., family-based, employment-based, humanitarian).
3. Have entered the U.S. legally (in most cases).
4. Not be subject to certain immigration bars or inadmissibility issues (e.g., unlawful presence, criminal history, or previous immigration violations).
Steps in the Adjustment of Status Process
1. Determine Eligibility
• Common categories include:
• Family-sponsored (e.g., spouse, parent, or child of a U.S. citizen or LPR).
• Employment-based.
• Asylees and refugees.
• Diversity Visa lottery winners.
2. File Form I-485 (Application to Register Permanent Residence or Adjust Status)
• This is the main form for AOS.
• Supporting documents typically include:
• Proof of eligibility (e.g., Form I-130 approval for family-based cases).
• Passport, visa, and I-94 records.
• Medical Examination (Form I-693).
• Proof of financial support (e.g., Form I-864, Affidavit of Support).
3. Submit Concurrent Forms (if applicable)
• Work Authorization: File Form I-765 to request an Employment Authorization Document (EAD).
• Travel Authorization: File Form I-131 for Advance Parole, allowing travel outside the U.S. while the AOS application is pending.
4. Attend Biometrics Appointment
• The applicant will provide fingerprints, a photograph, and a signature for background and security checks.
5. Interview with USCIS
• Most AOS applicants are required to attend an in-person interview at a local USCIS office.
• During the interview, a USCIS officer reviews the application and supporting documents to verify eligibility.
6. Receive a Decision
• If approved, the applicant is granted a green card.
• If denied, the applicant receives a notice explaining the reasons for denial and any options for appeal or reconsideration.
Processing Time
• The processing time for adjustment of status varies depending on the category, location, and complexity of the case. Typical timelines range from 8 months to several years.
Adjustment of Status vs. Consular Processing
• AOS: Completed within the U.S.; ideal for those who are already in the country legally.
• Consular Processing: Completed at a U.S. embassy or consulate abroad; used if the applicant is outside the U.S. or not eligible for AOS.
Challenges and Considerations
1. Inadmissibility Issues
• Applicants with criminal records, prior deportations, or immigration violations may need a waiver (Form I-601).
2. Public Charge Rule
• Applicants must demonstrate they are not likely to become a public charge, often through Form I-864 (Affidavit of Support).
3. Unlawful Presence
• Individuals who entered the U.S. illegally may face additional barriers to AOS.
Benefits of Adjustment of Status
1. The applicant can remain in the U.S. while the green card application is processed.
2. Eligible applicants can apply for work and travel authorization during the AOS process.
3. Avoids the need to leave the U.S. for consular interviews.
Would you like help with specific forms, timelines, or resources related to adjustment of status?
Applying for U.S. citizenship, also known as naturalization, allows a lawful permanent resident (green card holder) to become a U.S. citizen. Here’s an overview of the process and requirements:
Eligibility Requirements for U.S. Citizenship
To apply for citizenship, you must meet the following requirements:
1. Age
• Be at least 18 years old at the time of application.
2. Permanent Resident Status
• Be a lawful permanent resident (LPR) for:
• 5 years, or
• 3 years if married to and living with a U.S. citizen.
3. Continuous Residence
• Live continuously in the U.S. as an LPR for:
• 5 years (or 3 years for spouses of U.S. citizens).
• Trips outside the U.S. should not exceed 6 months without explanation.
4. Physical Presence
• Be physically present in the U.S. for at least:
• 30 months (out of the past 5 years), or
• 18 months (out of the past 3 years for spouses of U.S. citizens).
5. State Residency
• Reside in the state or USCIS district where you file your application for at least 3 monthsbefore applying.
6. Good Moral Character
• Demonstrate good moral character (e.g., no serious criminal record or immigration violations).
7. English Language and Civics Knowledge
• Be able to speak, read, and write basic English (exceptions apply for older applicants with long-term residency).
• Pass a civics test on U.S. history and government.
8. Oath of Allegiance
• Be willing to take the Oath of Allegiance to the U.S.
Steps to Apply for Citizenship
1. Complete Form N-400
• File the Application for Naturalization (Form N-400) online or by mail.
• Gather supporting documents, such as:
• Green card (front and back copies).
• Evidence of marital status, if applicable (e.g., marriage or divorce certificate).
• Travel records for trips outside the U.S.
• Proof of spouse’s U.S. citizenship (if applying under the 3-year rule).
2. Pay the Application Fee
• The filing fee is $640 (plus $85 biometric fee), for a total of $725.
• Fee waivers or reductions may be available for low-income applicants.
3. Attend Biometrics Appointment
• USCIS will schedule a biometrics appointment to take your fingerprints, photo, and signature.
4. Attend the Citizenship Interview
• A USCIS officer will review your application and ask questions about your background, application details, and eligibility.
• You will take the English and civics tests during this interview unless exempt.
5. Receive a Decision
• USCIS will issue one of the following:
• Approval: You’re eligible for citizenship.
• Continued: More evidence or a second interview is required.
• Denial: Your application does not meet the requirements.
6. Take the Oath of Allegiance
• If approved, USCIS will invite you to an Oath Ceremony.
• After taking the oath, you receive your Certificate of Naturalization, officially becoming a U.S. citizen.
Exceptions and Accommodations
1. English Language Exemptions
• Applicants may be exempt from the English test if:
• They are 50+ years old and have lived in the U.S. as an LPR for 20+ years (“50/20 rule”).
• They are 55+ years old and have lived in the U.S. as an LPR for 15+ years (“55/15 rule”).
• Applicants still take the civics test but may do so in their native language.
2. Disability Waivers
• Applicants with physical or developmental disabilities can request an exemption from the English and civics tests with Form N-648 (Medical Certification for Disability Exceptions).
Processing Time
• The naturalization process typically takes 6 to 12 months from the time of application to the oath ceremony.
Benefits of U.S. Citizenship
1. The right to vote in federal and state elections.
2. Eligibility for certain government jobs and benefits.
3. Protection from deportation.
4. Ability to sponsor relatives for immigration.
5. U.S. passport access and international protections.
Resources
• USCIS Citizenship Resource Center:
• Naturalization Test Study Materials: Available online for free.
Would you like help with the application process, study materials, or finding legal assistance?
The asylum process in the United States allows individuals fleeing persecution or fear of persecution in their home countries to apply for protection. Asylees can live and work in the U.S. and may eventually apply for permanent residency and citizenship. Here’s an overview of the asylum process:
1. Eligibility for Asylum
To qualify for asylum, an applicant must demonstrate:
1. Fear of Persecution: A well-founded fear of persecution in their home country.
2. Protected Grounds: The persecution is based on one or more of the following:
• Race
• Religion
• Nationality
• Membership in a particular social group (e.g., LGBTQ+, domestic violence survivors in some cases)
• Political opinion
3. Inability to Seek Protection: The applicant cannot or will not return to their home country due to this fear.
4. Timing: The asylum application must generally be filed within 1 year of arriving in the U.S., unless:
• There are changed circumstances (e.g., worsening conditions in the home country).
• There are extraordinary circumstances (e.g., serious illness or legal disability).
2. Affirmative vs. Defensive Asylum Process
There are two main pathways to seek asylum in the U.S.:
A. Affirmative Asylum
• Filed with U.S. Citizenship and Immigration Services (USCIS).
• For individuals who are not in removal (deportation) proceedings.
• Steps:
1. File Form I-589, Application for Asylum and for Withholding of Removal.
2. Attend a biometrics appointment for fingerprints and background checks.
3. Participate in an interview with an asylum officer.
• During the interview, applicants present their case and supporting evidence.
4. Decision:
• Approval: Granted asylum.
• Referral: If the application is denied, the case is referred to an immigration court for a defensive asylum process.
B. Defensive Asylum
• Filed in immigration court as a defense against deportation.
• For individuals in removal proceedings (e.g., after being apprehended by immigration authorities).
• Steps:
1. File Form I-589 with the court.
2. Attend master calendar hearings (initial court hearings).
3. Present the case in a merits hearing before an immigration judge.
4. Decision:
• Approval: Granted asylum.
• Denial: Potential deportation or appeals through the Board of Immigration Appeals (BIA).
3. Key Steps in the Asylum Process
1. Prepare and File Form I-589
• No filing fee.
• Include evidence of persecution (e.g., police reports, medical records, affidavits, news articles, and expert statements).
• Application automatically includes dependents (spouse and unmarried children under 21) in the U.S.
2. Biometrics Appointment
• USCIS collects fingerprints, a photo, and a signature for background checks.
3. Asylum Interview or Hearing
• Affirmative cases are interviewed by a USCIS asylum officer.
• Defensive cases are presented to an immigration judge.
4. Wait for a Decision
• USCIS or the immigration court will issue a written decision.
4. Work Authorization for Asylum Seekers
• Applicants cannot apply for work authorization (EAD) until 150 days after filing Form I-589.
• Once eligible, file Form I-765, Application for Employment Authorization.
• Work authorization is valid while the asylum case is pending.
5. Benefits of Asylum
a. Protection: Safe residency in the U.S.
b. Work Authorization: Right to work legally.
b. Path to Green Card: Apply for permanent residency after 1 year of being granted asylum.
d. Family Sponsorship: Petition to bring immediate family members to the U.S. through Form I-730.
e. Path to Citizenship: Eligible to apply for citizenship after 4 years as a green card holder.
f. Challenges in the Asylum Process
• Credibility: Applicants must establish credibility and provide consistent testimony.
• Burden of Proof: Strong evidence of persecution is critical.
• Backlogs: Long processing times are common due to high case volumes.
• Denials and Appeals: If denied, applicants can appeal to the BIA or federal courts.
7. Important Considerations
• One-Year Deadline: File the asylum application within one year of entering the U.S. unless exceptions apply.
• Legal Representation: While not required, legal assistance significantly improves outcomes.
• Bars to Asylum:
• Serious crimes or national security risks.
• Prior persecution of others.
8. Resources for Asylum Seekers
• USCIS Asylum Information:
• Asylum Seekers Resource Portal: Offers legal aid and information.
• Local Legal Aid Organizations: Many nonprofits provide free or low-cost legal assistance.
Would you like guidance on eligibility, forms, or legal resources near you?
The U visa is a nonimmigrant visa available to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement or government officials in the investigation or prosecution of the crime. Here’s an overview of the U visa process:
1. Eligibility for a U Visa
To qualify, an applicant must meet the following criteria:
a. Victim of a Qualifying Crime
• Examples of qualifying crimes:
• Domestic violence
• Sexual assault
• Human trafficking
• Kidnapping
• Felonious assault
• Extortion
• Blackmail
• Perjury
• The crime must violate U.S. laws or occur in the U.S.
b. Substantial Physical or Mental Abuse
• The applicant must have experienced significant harm as a result of the crime.
c. Helpfulness to Law Enforcement
• The applicant must assist or be willing to assist law enforcement in investigating or prosecuting the crime.
• A law enforcement certification is required (Form I-918 Supplement B).
d. Admissibility
• Applicants must be admissible to the U.S. or request a waiver of inadmissibility (Form I-192).
2. Benefits of a U Visa
a. Temporary Legal Status: U visa holders can remain in the U.S. legally for up to 4 years.
b. Work Authorization: U visa holders can obtain an Employment Authorization Document (EAD).
c. Path to Green Card: After 3 years of continuous U visa status, holders may apply for lawful permanent residency.
d. Family Inclusion:
• Eligible family members may also receive U visas:
• For applicants under 21: Spouse, children, parents, and unmarried siblings under 18.
• For applicants 21 or older: Spouse and children.
3. Steps in the U Visa Process
Step 1: Obtain Law Enforcement Certification
• File Form I-918, Supplement B (U Nonimmigrant Status Certification).
• This must be completed by a law enforcement official (e.g., police, prosecutor, or judge).
• The certification confirms that the applicant:
• Was a victim of a qualifying crime.
• Is or was helpful in the investigation or prosecution.
Step 2: Prepare and File Form I-918
• File Form I-918, Petition for U Nonimmigrant Status, with supporting documents, including:
• Evidence of victimization (police reports, medical records, witness statements).
• Proof of substantial harm (e.g., physical injuries or psychological trauma).
• Evidence of helpfulness to law enforcement.
• A personal statement describing the crime and its impact.
• Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, if inadmissible.
Step 3: Submit Biometrics
• Attend a biometrics appointment for fingerprints and background checks.
Step 4: Wait for Processing
• Due to high demand, there is a waitlist for U visas (the annual cap is 10,000 principal visas).
• If placed on the waitlist, applicants receive deferred action or parole and can apply for a work permit.
Step 5: Approval or Denial
• Approved applicants are granted U visa status for up to 4 years.
• Denied applicants may have the opportunity to appeal or reapply.
4. Family Member Petitions
• File Form I-918, Supplement A, for qualifying family members.
• Include evidence of the family relationship (e.g., marriage certificates, birth certificates).
5. Applying for a Green Card
After 3 years in U visa status, applicants can apply for a green card if they:
1. Have maintained continuous presence in the U.S. during the 3 years.
2. Have not unreasonably refused to assist law enforcement.
3. Can demonstrate that their continued presence in the U.S. is justified on humanitarian grounds, for family unity, or in the public interest.
File Form I-485, Application to Register Permanent Residence or Adjust Status.
6. Processing Times
• Initial U visa applications can take 5–7 years due to high demand and backlogs.
• Applicants may be eligible for work authorization while waiting for their visa to become available.
7. Challenges in the Process
1. Law Enforcement Certification: Without this, the application cannot proceed.
2. Annual Cap: Only 10,000 U visas are issued annually to principal applicants, leading to long wait times.
3. Evidence Requirements: Strong documentation is needed to prove victimization and harm.
8. Legal Protections for U Visa Applicants
• Applicants and their immediate family members are protected from deportation while their application is pending.
• Employment authorization is available once the U visa is granted or if the applicant is placed on the waitlist.
Resources for U Visa Applicants
• USCIS U Visa Information: Website
• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Legal Aid Organizations: Many provide free or low-cost assistance to crime victims.
Would you like assistance with specific forms, timelines, or finding legal resources near you?
The T visa is a nonimmigrant visa for individuals who are victims of human trafficking. It allows victims to remain in the U.S. to assist law enforcement in the investigation or prosecution of trafficking crimes. Here’s an overview of the T visa application process:
1. Eligibility for a T Visa
To qualify for a T visa, an applicant must meet the following criteria:
1. Victim of Severe Human Trafficking
• Must have been recruited, harbored, transported, or obtained through force, fraud, or coercion for:
• Labor trafficking: Forced labor or services.
• Sex trafficking: Commercial sex acts induced by force, fraud, or coercion (or under age 18 without the need to prove force, fraud, or coercion).
2. Physical Presence in the U.S.
• The applicant must be in the U.S., American Samoa, or the Commonwealth of the Northern Mariana Islands because of trafficking.
3. Helpfulness to Law Enforcement
• Must assist or be willing to assist law enforcement in investigating or prosecuting the trafficking crime.
• A law enforcement endorsement is strongly recommended but not required.
4. Hardship if Removed
• Must demonstrate that removal from the U.S. would result in extreme hardship involving severe harm.
5. Admissibility
• Applicants must be admissible to the U.S. or file for a waiver of inadmissibility (Form I-192).
2. Benefits of a T Visa
1. Temporary Legal Status: Allows victims to live in the U.S. for up to 4 years.
2. Work Authorization: T visa holders can apply for an Employment Authorization Document (EAD).
3. Path to Green Card: Eligible to apply for permanent residency after 3 years or when the investigation/prosecution is complete.
4. Family Reunification: Immediate family members may qualify for derivative T visas.
3. Steps to Apply for a T Visa
Step 1: Prepare Form I-914
• File Form I-914, Application for T Nonimmigrant Status, with the required supporting documents:
• Evidence of trafficking, such as:
• Police reports.
• Medical or psychological evaluations.
• Statements from witnesses or social service organizations.
• A personal statement describing the trafficking experience.
• Proof of physical presence due to trafficking.
Step 2: Obtain Law Enforcement Certification (Optional)
• Form I-914, Supplement B (Declaration of Law Enforcement Officer for Victim of Trafficking in Persons):
• Completed by a law enforcement official, prosecutor, or judge.
• While not mandatory, this certification strengthens the application significantly.
Step 3: File for Waivers (if needed)
• File Form I-192 to request a waiver of inadmissibility for any immigration violations or criminal history.
Step 4: Submit Biometrics
• Attend a biometrics appointment for fingerprints, a photo, and a signature for background checks.
Step 5: Wait for USCIS Decision
• USCIS reviews the application and evidence. If approved, the applicant receives T visa status for up to 4 years.
4. Including Family Members
Eligible family members may also qualify for T visas:
• For applicants under 21: Spouse, children, parents, and unmarried siblings under 18.
• For applicants 21 or older: Spouse and children.
• File Form I-914, Supplement A, for each family member.
5. Applying for a Green Card
After 3 years in T visa status, or upon completion of the trafficking investigation or prosecution, T visa holders may apply for a green card by filing:
• Form I-485, Application to Register Permanent Residence or Adjust Status.
Eligibility criteria include:
• Continuous physical presence in the U.S. during T visa status.
• Good moral character.
• Compliance with law enforcement requests.
6. Processing Times
T visa applications can take 12 to 18 months or longer, depending on USCIS workload and complexity of the case.
7. Challenges in the Process
• Documenting Trafficking: It can be difficult to provide evidence of trafficking, especially without law enforcement certification.
• Admissibility Issues: Applicants with criminal history or immigration violations may need waivers.
• Backlog: There is an annual cap of 5,000 T visas, but applicants may receive deferred action or work permits while waiting.
8. Resources for T Visa Applicants
• National Human Trafficking Hotline: 1-888-373-7888
• Legal Aid Organizations: Many nonprofits provide free or low-cost assistance to trafficking victims.
• USCIS T Visa Page:
Disclaimer: Visiting this site and contacting attorney does not create an attorney-client relationship. Please do not send any confidential information via email, fax, or mail to us until such time as an attorney-client relationship has been established. We do not guarantee that we will take your case until a contract is signed between the client and the attorney.