AOS for Families of USC or LPR
11/01/2011
Adjustment of Status (AOS) is a procedure that
allows families of US citizen (USC) or legal permanent resident (LPR) who is
already in the US to apply for immigrant status from the USCIS. Adjustment of
Status can take several months to over a year, and will require biometrics to be
taken and a formal interview at a local USCIS office.
1. Qualification
Families of a U.S. citizen or permanent resident seeking adjustment of status under normal standards must satisfy the following standards:
(1). Must be "eligible" for immigration, i.e. the beneficiary has to be any one of these categories:
① Unmarried children of U.S. citizens aged 21 and over (F-1);
② Spouses of lawful permanent residents (F-2A);
③ Unmarried children of lawful permanent residents under 21 year-old (F-2A);
④ Unmarried sons and daughters of lawful permanent residents aged 21 and over (F-2B);
⑤ Married children of U.S. citizens (F-3);
⑥ Siblings of U.S. citizens (F-4), Spouse and children of F-3, F-4 categories are eligible for immigration as dependent beneficiary.
⑦ US citizen's spouse (IR-1/CR-1)
⑧ Parents of a U.S. citizen (IR-5)
⑨ Unmarried child (under 21 years old) of a U.S. citizen (IR-2/CR-2)
(2). Have been "admitted" or "paroled" into the United States (although certain individuals who admitted remain ineligible for adjustment)
(3). Must not have engaged in unlawful employment in the United States
(4). Have maintained status during all periods of stay in the United States and must not have violated the terms of a nonimmigrant visa
(5). Must be admissible, not subject to one of the grounds of inadmissibility
2. Procedures
(1). File I-485 application to USCIS (or file I-130 and I-485 applications concurrently with USCIS);
(2). Receive I-797 Receipt Notice from USCIS;
(3). Receive Biometric Notice from USCIS;
(4). Go to Application Support Center for biometrics collection, having your picture and signature taken and being fingerprinted;
(5). Receive Interview Notice from USCIS;
(6). Go to your interview at a USCIS office as the date, time and location notified to answer questions. You must bring original of all documents submitted with I-485 application;
(7). Complete security checks;
(8). Get final decision in the mail;
(9). If an I-485 application is denied, file an Appeal/a Motion to Reopen or Reconsider within 30 days of the service of the decision.
The processing time for I-485 application is about 6-8 months.
3. Filing Material
(1). Application Letter
(2). Applicant's Supporting Documents: Approval of an I-130 petition (if I-130 petition has been approved), Form I-94 Arrival/Departure Record, I-693 Medical examination report, Criminal history （if any）and so on.
(3). I-864 Sponsor/Petitioner's Supporting Documents: Form I-864(affidavit of support), Copy of unexpired US passport, Copy of naturalization certificate/citizenship certification, Copy of birth certificate (if you were born in the US), Copy of federal income tax return, including W-2 for the most recent tax year and so on.
(4). Documents to Prove Relationship between the Petitioner and the Beneficiary:
① Parent-Child Relationship: a copy of your birth certificate, a copy of marriage certificate of parents, Household Registration, School records and so on
② Husband-Wife Relationship: A copy of your marriage certificate, A lease showing joint tenancy of a common residence, Utility bills, Photos taken together, Birth certificate(s) of child(ren) and so on.
③ Sibling Relationship: A copy of your and the petitioner's birth certificate, a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday and so on
Detail about Supporting Documents, please consult the sub-link of the filing material part on our website:
I-485 Adjustment of Status for Spouse of U.S Citizen
I-485 Adjustment of Status for Parents, Child(ren) of US Citizen
I-485 Adjustment of Status for Other Relatives
4. Warning
(1). Application has to be submitted after you've entered the US for at least 60 days
(2). If you were U.S. Citizens' Spouses who entered the U.S. on K-1 Fiancé (e) Visa, but did not marry the U.S. citizen who filed the K-1 fiancé (e) petition on your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the U.S. If you married the U.S. citizen but not within the 90-day time limit, your spouse must now file USCIS Form I-130, Petition for Alien Relative.
(3). You do NOT usually need another medical exam after entry on the K-1 visa, in spite of what the directions with the forms may tell you! Ignore the instructions regarding a medical exam after entry on a K-1 fiancé (e) visa unless your local USCIS office advises you otherwise.
(4). If you travel outside the U.S. while your Adjustment of Status application is being processed and you have accrued more than 180 days of unlawful presence and then travel abroad, you will be barred from Adjustment of Status for either three years or 10 years, even if you were granted Advance Parole, unless you are granted a hardship waiver.
(5). Petitioning as the Spouse of a US Citizen, the immigration officer conducting the interview will require proof of a valid marriage as part of their processing.
(6). Section 245(i) allowed aliens who were out of status, entered the U.S. without inspection, or violated the terms of their non-immigrant status to file an adjustment of status if they were beneficiaries of immigration petitions or labor certification applications filed by April 30, 2001. To be eligible to take advantage of 245(i), the person must meet the following requirements:
① Physically present in the United States on December 21, 2000;
② The immigration petition or the labor certification application must be approvable at the time of filing. (It means that the application is good on its face); and
③ Paying a $1,000 penalty at the time of filing I-485.
For more information, please see our service
I-485 Adjustment of Status for Spouse of U.S Citizen
I-485 Adjustment of Status for Parents, Child(ren) of US Citizen
I-485 Adjustment of Status for Other Relatives
or contact us
1. Qualification
Families of a U.S. citizen or permanent resident seeking adjustment of status under normal standards must satisfy the following standards:
(1). Must be "eligible" for immigration, i.e. the beneficiary has to be any one of these categories:
① Unmarried children of U.S. citizens aged 21 and over (F-1);
② Spouses of lawful permanent residents (F-2A);
③ Unmarried children of lawful permanent residents under 21 year-old (F-2A);
④ Unmarried sons and daughters of lawful permanent residents aged 21 and over (F-2B);
⑤ Married children of U.S. citizens (F-3);
⑥ Siblings of U.S. citizens (F-4), Spouse and children of F-3, F-4 categories are eligible for immigration as dependent beneficiary.
⑦ US citizen's spouse (IR-1/CR-1)
⑧ Parents of a U.S. citizen (IR-5)
⑨ Unmarried child (under 21 years old) of a U.S. citizen (IR-2/CR-2)
(2). Have been "admitted" or "paroled" into the United States (although certain individuals who admitted remain ineligible for adjustment)
(3). Must not have engaged in unlawful employment in the United States
(4). Have maintained status during all periods of stay in the United States and must not have violated the terms of a nonimmigrant visa
(5). Must be admissible, not subject to one of the grounds of inadmissibility
2. Procedures
(1). File I-485 application to USCIS (or file I-130 and I-485 applications concurrently with USCIS);
(2). Receive I-797 Receipt Notice from USCIS;
(3). Receive Biometric Notice from USCIS;
(4). Go to Application Support Center for biometrics collection, having your picture and signature taken and being fingerprinted;
(5). Receive Interview Notice from USCIS;
(6). Go to your interview at a USCIS office as the date, time and location notified to answer questions. You must bring original of all documents submitted with I-485 application;
(7). Complete security checks;
(8). Get final decision in the mail;
(9). If an I-485 application is denied, file an Appeal/a Motion to Reopen or Reconsider within 30 days of the service of the decision.
The processing time for I-485 application is about 6-8 months.
3. Filing Material
(1). Application Letter
(2). Applicant's Supporting Documents: Approval of an I-130 petition (if I-130 petition has been approved), Form I-94 Arrival/Departure Record, I-693 Medical examination report, Criminal history （if any）and so on.
(3). I-864 Sponsor/Petitioner's Supporting Documents: Form I-864(affidavit of support), Copy of unexpired US passport, Copy of naturalization certificate/citizenship certification, Copy of birth certificate (if you were born in the US), Copy of federal income tax return, including W-2 for the most recent tax year and so on.
(4). Documents to Prove Relationship between the Petitioner and the Beneficiary:
① Parent-Child Relationship: a copy of your birth certificate, a copy of marriage certificate of parents, Household Registration, School records and so on
② Husband-Wife Relationship: A copy of your marriage certificate, A lease showing joint tenancy of a common residence, Utility bills, Photos taken together, Birth certificate(s) of child(ren) and so on.
③ Sibling Relationship: A copy of your and the petitioner's birth certificate, a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday and so on
Detail about Supporting Documents, please consult the sub-link of the filing material part on our website:
I-485 Adjustment of Status for Spouse of U.S Citizen
I-485 Adjustment of Status for Parents, Child(ren) of US Citizen
I-485 Adjustment of Status for Other Relatives
4. Warning
(1). Application has to be submitted after you've entered the US for at least 60 days
(2). If you were U.S. Citizens' Spouses who entered the U.S. on K-1 Fiancé (e) Visa, but did not marry the U.S. citizen who filed the K-1 fiancé (e) petition on your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the U.S. If you married the U.S. citizen but not within the 90-day time limit, your spouse must now file USCIS Form I-130, Petition for Alien Relative.
(3). You do NOT usually need another medical exam after entry on the K-1 visa, in spite of what the directions with the forms may tell you! Ignore the instructions regarding a medical exam after entry on a K-1 fiancé (e) visa unless your local USCIS office advises you otherwise.
(4). If you travel outside the U.S. while your Adjustment of Status application is being processed and you have accrued more than 180 days of unlawful presence and then travel abroad, you will be barred from Adjustment of Status for either three years or 10 years, even if you were granted Advance Parole, unless you are granted a hardship waiver.
(5). Petitioning as the Spouse of a US Citizen, the immigration officer conducting the interview will require proof of a valid marriage as part of their processing.
(6). Section 245(i) allowed aliens who were out of status, entered the U.S. without inspection, or violated the terms of their non-immigrant status to file an adjustment of status if they were beneficiaries of immigration petitions or labor certification applications filed by April 30, 2001. To be eligible to take advantage of 245(i), the person must meet the following requirements:
① Physically present in the United States on December 21, 2000;
② The immigration petition or the labor certification application must be approvable at the time of filing. (It means that the application is good on its face); and
③ Paying a $1,000 penalty at the time of filing I-485.
For more information, please see our service
I-485 Adjustment of Status for Spouse of U.S Citizen
I-485 Adjustment of Status for Parents, Child(ren) of US Citizen
I-485 Adjustment of Status for Other Relatives
or contact us
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