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10 Facts You Need To Know About Adjustment Of Status
Facing the complexities of the U.S. immigration system requires a comprehensive understanding of various processes.
One crucial aspect is the Adjustment of Status (AOS).
https://www.lincolngoldfinch.com/austin-immigration-lawyer/adjustment-of-status/
This allows individuals to transition from nonimmigrant statuses to lawful permanent residency without leaving the country.
Dive deep into the intricacies of AOS, from its eligibility criteria to its application process.
See how an immigration attorney can be vital in your permanent residency journey.
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Adjustment Of Status As A Pathway To Permanent Residence
10 Facts About The Adjustment Of Status
Adjustment of Status (AOS) is a process that allows you to apply for permanent residency while in the United States.
The AOS procedure involves submitting the appropriate forms and supporting documentation to U.S. Citizenship and Immigration Services (USCIS).
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Whether you are a U.S. citizen’s immediate relative or seeking permanent residency through employment, you may find these essential facts helpful.
Fact #1: Eligibility Criteria Depends On The Category
U.S. immigration laws offer diverse avenues for individuals seeking a Green Card.
Eligibility criteria for Adjustment of Status differ based on the immigrant category being pursued.
The initial phase of the process involves identifying the specific immigrant category that aligns with your circumstances.
The common categories for AOS are family-based immigration and employment.
Whether you have a relative in the United States or an employer here, you must take note of the following criteria.
Green Card Through Family
This pathway allows eligible individuals to secure lawful permanent residence based on their familial ties with U.S. citizens or permanent residents.
You qualify if you are:
An immediate relative of a U.S. Citizen.
A relative of a U.S. citizen or an LPR under the family-based preference categories.
This includes the married and unmarried son or daughter of a U.S. citizen who is 21 or older.
Fiancé(e) of a U.S. citizen or the fiancé(e)’s child.
Widow(er) of a U.S. citizen.
When you do not have any family in the United States, you can take the residency pathway through employment.
This, too, has its sets of qualifications.
Green Card Through Employment
Obtaining a Green Card through employment opens doors for individuals seeking to contribute their skills and expertise to the U.S. workforce.
If you fall into the first preference immigrant worker category, you may have extraordinary abilities in sciences, arts, education, business, or athletics.
You may have also been recognized as an outstanding professor, researcher, multinational manager, or executive meeting specific criteria.
As a second-preference immigrant worker, you must be a professional with an advanced degree.
Finally, as a third preference immigrant worker, you can be a skilled worker or a professional with at least a U.S. bachelor’s degree or a foreign equivalent degree.
Fact #2: Someone Must Petition For You
A petitioner is essential to initiate the application on your behalf.
This crucial step involves someone, typically a family member or employer, submitting a petition to U.S. Citizenship and Immigration Services (USCIS).
You will encounter essential forms like I-130 or Petition For Alien Relative in this process.