An Overview of Adjustment of Status: I-485 Application

The adjustment of status process can be complex, but Our Love Visa is here to help. Every step has been mapped out in easy-to-follow steps to ensure you meet all the requirements. Our team can also help you if you encounter any problems during the process. Our Love Visa has laid out everything you need to know about the requirements, forms, costs, and processing times for getting a green card while you are in the United States.

What is Adjustment of Status?

Adjustment of status (“AOS”) is the process through which you can apply for your green card (become a permanent resident) while you are in the United States. You must have been lawfully admitted to the U.S. meaning you entered the U.S. with a valid visa. If you meet all the requirements, you can be granted permanent resident status and issued a green card without having to leave the country.

What are the requirements for Adjustment of Status?

In order to apply for a green card without leaving the United States (a.k.a. Adjust Status to become a Permanent Resident), you must:  

1. Have entered the U.S. on a valid visa
2. Be physically present in the U.S.
3. Have maintained lawful status since your last entry into the country (exception: if you are married to a U.S. Citizen this requirement does not apply to you)
4. Not have engaged in any unauthorized employment (exception: if you are married to a U.S. Citizen this requirement does not apply to you)

You must also meet the eligibility requirements for the immigrant category you are applying under and be able to pass a medical examination (Form I-693). Additionally, you must demonstrate that you are admissible to the United States as a permanent resident and haven’t committed any crimes, immigration fraud, or other actions that would cause you to be inadmissible and bar you from becoming a Permanent Resident.

How do I get my Green Card while I am in the United States?

The process for filing for Adjustment of Status is as follows:

1. Ensure you meet the eligibility requirements for adjustment of status (and the underlying immigrant category). If you are on a K-1 Fiancé(e) visa, marry within 90 days and then file your AOS. If you are on another visa in the U.S., make sure you wait 90 days after entry before you file AOS. Please read why this is critically important in our article about immigrant intent.
2. Create your Relationship Timeline and gather the required documentation to prove your relationship and eligibility. Immigration puts the burden on you to ensure you are eligible and meet the requirements for your filing category.
3. Prepare Form I-485 (with additional forms I-131, I-765, and I-864) or follow the steps on your Dashboard to have Our Love Visa prepare your application forms. 
4. Confirm the filing address and send your completed and signed application packet to the U.S. Citizenship and Immigration Services (USCIS) with the correct filing fees. The form must be accompanied by supporting documentation, including evidence of your current nonimmigrant status, your eligibility for permanent residence, and a medical examination report (Form I-693).
5. Once the form and supporting documentation have been filed, USCIS will send you an I-797 Receipt Notice and commence the review of your application.
6. USCIS will send you a notice to appear for Biometrics (fingerprinting).
7. USCIS will schedule an interview where you and your partner must be present.
8. At the interview, an immigration officer will ask questions to verify the information in the application and assess your eligibility for permanent residence. If approved for permanent residence, the Applicant (you or your partner) will be issued a green card within 2 weeks.

How much does Adjustment of Status cost?

The cost of adjustment of status can vary depending on a number of factors.

The filing fee for the I-485 form, which is the application for adjustment of status, is $1,070 plus an $85 biometrics fee. There are also additional costs for the I-693 medical examination. If you are filing for your Advance Parole document and Employment Authorization with or following an underlying adjustment of status application, there is no extra fee for those Forms.

In addition to the government filing fees, applicants will likely need to pay for other costs associated with the adjustment of status process, such as the cost of hiring an immigration lawyer and the cost of travel to and from the USCIS interview. A traditional lawyer charges anywhere from $2,000-$10,000 for this process. With Our Love Visa, you can have peace of mind and comfort knowing you have met all requirements for an affordable price.

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