Adjustment of Status for Child Over 21, or AOS, allows you to apply for permanent residence without leaving the United States. If you have an immediate relative (spouse, parent, or child) who is a U.S. citizen or green card holder, you can apply to adjust status if your priority date is current or becomes current during the filing period of your application. You can also file AOS if you are eligible under the employment-based fifth preference category if your employer has filed an Immigrant Petition on your behalf and your priority date becomes current during the filing period of the petition.
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Who is eligible to file for adjustment of status with USCIS in the U.S?
There are many ways for someone who is not a U.S. citizen to become a lawful permanent resident (get a “green card”). In most cases, however, you must have an immediate relative who is a U.S. citizen or lawful permanent resident and you must apply for an immigrant visa outside of the United States at one of the Department of State’s consulates abroad.
If you have a relative who is a U.S. citizen, you may be able to apply for an immigrant visa based on that relationship and then adjust status to a permanent resident (get a green card) after your arrival in the United States. There are certain circumstances under which you can apply for adjustment of status without leaving the United States.
If you have an immediate relative who is a U.S. citizen or lawful permanent resident and you are not applying as part of a family based petition, you may be able to apply for adjustment of status without leaving the United States if your priority date is current or becomes current during the filing period of your application.
You may be eligible to adjust status if your employer has filed an Immigrant Petition on your behalf and your priority date becomes current during the filing period of the petition.
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What is a priority date?
The priority date is the date when USCIS received a properly filed petition for alien relative, labor certification, or application for adjustment of status. If you have an immediate relative (spouse, parent or child) who is a U.S. citizen or green card holder and you are not applying as part of a family based petition, your priority date will depend on the category under which your relative filed the Petition for Alien Relative. If your employer has filed an Immigrant Petition on your behalf and you are seeking to adjust status based on that petition, it may take several years for your priority date to become current.
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How do I know if my priority date is current?
If you believe that your priority date may be current, you can check the Visa Bulletin to determine the availability of immigrant visas based on your category and country of residence. If there is no visa currently available, as indicated for the family based categories and for immediate relatives born in the People’s Republic of China, you may still file an application for adjustment of status. You will be placed into removal proceedings (deportation) if you remain in the United States beyond your lawful admission or beyond the expiration date on your Form I-94 Arrival/Departure Record without having applied to adjust status.
If you have an immediate relative (spouse, parent or child) who is a U.S. citizen or green card holder and you are not applying as part of a family based petition, you may be able to apply for adjustment of status without leaving the United States if your priority date is current or becomes current during the filing period of your application. You must file Form I-485 Application to Register Permanent Residence or Adjust Status with USCIS in order to apply for adjustment of status.
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