Adjustment of Status refers to green card application that is submitted within the United States. It changes the status of a legally present foreign national to a Lawful Permanent Resident (LPR).
It is critical that all supporting materials are gathered and organized prior to working on any of the forms. With AOS all the required forms, affidavits, supporting documents, photographs and DHS fees must be filed at the same time. It is therefore imperative that they are very carefully organized, all instructions followed and sufficient evidence and support is shown for all required elements.
The I-130 along with the biographical information form establishes the familial relationship. The I-485 is the petition for permanent residency. All these forms require careful and accurate completion. It is important to remember not to leave any space blank. Always use “N/A” or “None” as appropriate. Along with these forms you must include a financial affidavit and a sealed medical exam by a USCIS designated civil surgeon. You should always ask the doctor to give you a copy of the medical report before he seals it so that your lawyer can look over it to check for discrepancies. Please beware that the civil surgeon is not bound by the same rules regarding confidentiality as other doctors. It is important to prepare for the medical examination because all information given to the doctor will be relayed to the USCIS. Any miscommunications or misunderstandings even in casual dialogue can lead to serious problems at the interview stage. The last form to be filed (if you have a lawyer) is a G-28 which is a notice of entry of appearance of your attorney. This should be at the front of the packet so that the officer knows you have an attorney working for you and representing your interests.
Once the service center has processed the forms they will set an interview date at a local USCIS office. They will try to set it at the one closest to you but this may not always be the case.
The interview is the most critical part of the whole process. The USCIS does allow attorneys to attend interviews and be with the client in the same room. The job of the attorney is to make sure that the officer does not abuse his or her power or ask questions outside the scope legally allowed in an AOS interview. It is critical to prepare for the interview and each interview is different. Some questions may seem extremely personal and intrusive. The officers will go through the form to make sure there are no discrepancies and that everything matches up with what you are telling them. It is important to stay calm and collected.
Once the interview is concluded and if the officer approves the petition you will receive your green card through the mail. Welcome to America!
Should you require any assistance in your AOS or any other immigration matter please do not hesitate to call us at (480)-626-0641. We will be more than happy to assist you with all your immigration needs.