Status Adjustment

Green cards were formerly issued by the Immigration and Naturalization Service (INS). That agency has been absorbed into and replaced by the Bureau of Citizenship and Immigration Services (BCIS), part of the Department of Homeland Security (DHS). Shortly after re-organization BCIS was renamed to U.S. Citizenship and Immigration Services (USCIS).

An alien with a green card application can obtain two important permits while the case is pending. The first is a temporary work permit known as the Employment Authorization Document (EAD), which allows the alien to take employment in the United States. The second is a temporary travel document, advance parole, which allows the alien to re-enter the United States. Both permits confer benefits that are independent of any existing status granted to the alien. For example, the alien might already have permission to work in the United States under an H1-B visa.

Adjustment of status, also called AOS, refers to the procedure a person already in the US has to go through to become a US resident without having to leave the country and apply for immigration from another country. However, the adjustment of status process is a lengthy one and many people do choose to leave the country and go through what is called consular processing because of the shorter time involved.

Under the rules of adjustment of status, you can remain in the US while you are gathering all the required documents. Even if you are outside the US at the time you apply for adjustment of stats, you can still enter the country with non-immigrant status and receive the medical exam required at a consular post.

If you entered the US on a K1 Visa, or a fiancé Visa and you married within the required 90-day period, you can apply for adjustment of status because you are mow married. A child that entered the country under such a Visa can also apply for adjustment of status based on the parent's adjustment of status.As long as you have a valid passport you can enter the US and stay in the country legally for a six-month period. During this time, you may decide you want to stay because you have married or for other reasons and this requires an adjustment of status application. The benefit of waiting the applicable time for adjustment of status is that you can stay in the country while you wait. If your application for adjustment of status is denied, you are already in the US and have access to all the channels you need to go through for the appeal process. You can also obtain a work permit when you apply for adjustment of status and have travel documents so that you can travel outside the country during the waiting period.In order to apply for adjustment of status, you must meet certain requirements. If you have family living in the US, the family has to petition the Bureau of Citizenship and Immigration on your behalf for the adjustment of status. If you want to remain in the country and become a citizen because of your employment, you must submit an application for adjustment of status with your application for a green card. Application for adjustment of status for employment reasons will require that your employer certify you have full-time permanent employment.