What is Adjustment of Status (AOS)?
AOS is the process of transitioning from a temporary nonimmigrant status (e.g., fiancé(e) or student visa) to a green card holder without leaving the United States. This is an excellent option for those who are eligible and wish to avoid the consular processing route abroad.
Requirements for Adjustment of Status
To apply for Adjustment of Status, you must meet the following criteria:
Eligibility Requirements
- Be physically present in the United States.
- Have entered the U.S. lawfully (e.g., with a visa or through a recognized entry process).
- Be eligible for an immigrant visa through a specific category, such as:
- Family-based (spouse, parent, or child of a U.S. citizen).
- Employment-based.
- Special immigrant or humanitarian program (e.g., asylum or refugee status).
Financial Requirements
The U.S. sponsor (if applicable) must meet 125% of the Federal Poverty Guidelines when submitting the Affidavit of Support (Form I-864). This ensures that the applicant will not become a public charge. Below are the income thresholds for 2024 based on household size:
| Household Size | 125% of Poverty Guidelines (Form I-864) |
|---|---|
| 2 (Sponsor + Applicant) | $24,650 |
| 3 (Sponsor, Applicant, + 1 Dependent) | $31,075 |
| 4 (Sponsor, Applicant, + 2 Dependents) | $37,500 |
| 5 (Sponsor, Applicant, + 3 Dependents) | $43,925 |
Key Notes:
- Add $6,425 for each additional dependent over a household size of 5.
- The sponsor must provide documentation such as:
- Recent tax returns.
- Pay stubs or proof of income.
- Asset evidence (e.g., bank statements, property deeds) if income is insufficient.
Medical Examination
- Submit a completed Form I-693, Report of Medical Examination and Vaccination Record, signed by a USCIS-approved civil surgeon.
No Immigration Violations
- The applicant must not have overstayed a visa or entered the U.S. unlawfully, except in cases where a waiver or exception applies (e.g., immediate relatives of U.S. citizens may qualify despite overstays).
Required Forms and Documentation
- Form I-485, Application to Register Permanent Residence or Adjust Status.
- Proof of lawful entry (e.g., Form I-94 or visa stamp).
- Affidavit of Support (Form I-864) from the sponsor.
- Evidence of relationship (if applying as a spouse or family member).
- Employment Authorization or Advance Parole applications (optional, if needed during the AOS process).
Key Steps in the Adjustment of Status Process
File Form I-485
Submit Form I-485 along with all supporting documentation, including proof of eligibility, financial evidence, and medical records.Biometrics Appointment
Attend a biometrics appointment to provide fingerprints, photos, and a signature for background checks.Interview with USCIS
Attend an interview at your local USCIS office (if required) to verify your eligibility and authenticity of the application.Approval and Green Card Issuance
Upon approval, you will receive your green card, granting you permanent resident status.
Why Choose Smart USA Visa?
At SmartUSAVisa, we simplify the AOS process with:
- Step-by-step guidance: Ensure every form and document is correctly prepared and submitted.
- Cost-effective solutions: Avoid costly legal fees with our automated system and expert support.
- Reliable assistance: Our team of immigration experts and advanced technology ensures a seamless application experience.
Whether you’re adjusting status after a K-1 visa or another eligible category, Smart USA Visa helps make your transition to permanent residency stress-free.
Get Started Today!
Take the next step toward your green card with confidence. With Smart USA Visa, the complex adjustment of status process becomes simple, efficient, and affordable. Start your application today and take the first step toward securing your future in the United States.
