The change of status from a non-immigrant like a tourist, student, etc. to a permanent resident as a green card holder is a process known as adjustment of status (AOS). One way to get the green card (immigrant visa) of U.S. is the adjustment of status. The law of U. S immigration permits the temporary U.S visitors to change their status to the permanent resident only if the individual entered the United States lawfully and fulfill the certain requirements. The applicant should use consular processing if he/she is not eligible for AOS and if the applicant is already living in the United States then both options AOS and consular processing are available. The applicant is considered as ‘applicant to adjust status” between the time AOS is filled and approved.
The process to get the family-based green card AOS is described below in general terms. In this process, a beneficiary is a person who is obtaining the green card, and the petitioner is the U. S permanent resident or citizen.
· Establish the Eligibility to Get A Green Card
A U.S. lawful citizen may plea for certain family members to receive green card while living in the United States. This whole process starts when the U.S. citizen files the “Petition for Alien Relative, Form I-130” on beneficiary’s behalf. To get the green card on a family relationship basis, the intending immigrant must be in the category of family preference or an immediate relative. The purpose of this form is to establish the eligible relationship so that the relative can apply for the green card.
· What Determines the AOS
There are three basic requirements that must be meet by the intending immigrant to file the adjustment of status.
1. Present physically inside the U.S: the beneficiary must be inside the U.S. when the application of adjustment of status is filed and the whole process needs to be complete inside the United Status.
2. Entered lawfully into the U.S: this means that the person was paroled or admitted into the United States. For many people, this means that entering into the U.S with complete and valid documentation and a face to face contact made with the U.S immigration officer.
3. Have a current and approved I-30 petition: a visa number and approved Form I-130 must be available.
It is important for the intending immigrant to maintain the eligibility during the whole AOS process. The basis of I-130 approval can be affected due to changes in circumstances and bars to adjustment should be avoided.
· File Application To Adjust The Status
The intending immigrants may file “Form I-485, Adjust Status if they meet the eligibility requirements for status adjustment. Immediate relatives can submit their application to the USCIS at possibly two different points. After the approved and current form I-485, the Form I-485 can be filed after that. However, the immediate relative can “concurrently” file means filing Form I-130 and Form I-485 together.
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