If you are in the United States and don’t have your green card yet, you may worry if you can remain in the U.S. while your application is processed. In many cases, you can, although you may be required to return home for a consular interview. The process of applying for your green card in the United States is known as Adjustment of Status (AOS). If you do not have legal immigration status in the U.S. but wish to apply for a green card, there may still be options available to you, such as a provisional unlawful presence waiver or a waiver of certain grounds of inadmissibility.
The exact process for applying for adjustment of status will depend on many factors, including your current immigration circumstances, history, and type of visa. Learn more about the basics of Adjustment of Status below. Have questions? The Indianapolis, IN, immigration attorneys Villarrubia & Rosenberger, P.C., can assist with many immigration benefits, including U.S. citizenship and naturalization, adjustment of status, formalization of derived citizenship, and more.
Using Adjustment of Status to receive your green card involves one of these methods:
You must have a valid U.S. visa or be on the Visa Waiver Program or be paroled to the U.S. to use Adjustment of Status to receive a green card. There are some applicants that are still protected under the law INA § 245(i) ( Family petitions and labor petitions filed on or before April 30, 2001).
One of the biggest concerns about AOS is how long it takes to get your green card while you wait in the U.S. Your wait time depends on the circumstances of your case. For example, the processing time for getting your green card after marrying a U.S. citizen is usually between 11 and 20 months.
The timeline for getting a green card through marriage if you’re on a K-1 visa is between 11 and 20 months. Also, AOS processing time depends on your geographic location in the United States when you apply. You can check your estimated wait time by using this convenient USCIS tool.
You can speed up the approval of your Adjustment of Status by submitting all necessary paperwork correctly. An Indianapolis, IN, immigration attorney will ensure your paperwork is submitted correctly and on time.
Obtaining your green card through AOS requires a payment of fees. For AOS, you must pay a fee when filing an I-130 petition. If you need to file another petition, another payment is required.
When your I-130 petition is approved, you must pay another fee for the I-485 application for a green card. This fee does not include the biometrics fee.
To calculate your fees, click here.
The Indianapolis, IN, immigration attorneys Villarrubia & Rosenberger, P.C., offer skilled, experienced expertise in U.S. immigration matters. Many of our lawyers and their families immigrated to the U.S. and know what it is like to deal with the immigration system. Please speak to us today by filling out our online contact form.
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