Adjustment
of Status (AOS) is an immigration application filed
by an alien who is physically in the United States, and who wants to
adjust an non-immigrant status to U.S. permanent resident status. After
the I-140 petition approval, the Form I-485
is used to apply to U.S. Citizenship and Immigration Services (USCIS)
to adjust his or her status to U.S. permanent resident.
An
adjustment of status application or USCIS form
I-485 application is filed by a beneficiary of an approved
I-140 immigrant visa petition. As an alien immigrant, you may apply to
adjust your status if an immigrant visa number is immediately available
to you, based on an approved I-140 form. The status adjustment
application is filed after the receipt of an immigrant visa approval
notice from the USCIS. The USCIS will also allow the concurrent filing
of an I-485 application (adjustment of status application) with an
I-140 application (immigration petition), if an immigrant visa number
is available to the alien applicant at the time of filing, typically
for EB-1 and EB-2 applications.
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Form
I-485
Application Resources - Adjustment of Status
for Permanent Residence
USCIS
Form I-485 application is used for
adjustment of status for permanent residence. Foreign
nationals, who are in the U.S. with certain types of temporary visas
and wish to change to U.S. permanent resident, can file an I-485
application to change the nonimmigrant status. The immigration law
permits the change of immigration status of an alien applicant in
United States, if the individual was inspected, admitted, or paroled
into the United States, and meet all of the required qualifications for
a green card or U.S. permanent residence.
To
be eligible for adjustment of status, an alien applicant must meet the
following criteria: 1) the alien must be physically present in the
United States. If the alien does not reside in the United States, he or
she cannot adjust status in the U.S., and must go through the immigrant
visa processing at a U.S. consulate abroad instead; 2) the immigration
petition for the alien applicant must have been approved. An I-485
adjustment of status application can be filed concurrently with an
I-140 immigration petition in EB-1 or EB-2, if the visa numbers are
available; 3) the I-485 applications are subject to the numerical
annual quota for immigrant visas. For these aliens, they may only file
their adjustment of status applications once the cut-off dates
published monthly by the Department Of State pass the priority dates of
their initial immigration petition, or the immigrant visa number for
the category is current.
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