Adjustment of Status Checklist
Author: Massiel Silva Tadeo, Founder, Tadeo & Silva
Attorney Massiel Silva Tadeo is a partner and owner at The Tadeo & Silva Law Firm. She specializes in removal (deportation) defense, family immigration, and hardship waivers. Published on: February 03, 2020, Last updated on: February 27, 2020.
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Whether you are in Atlanta or anywhere in the United States, Tadeo & Silva is able to take your immigration case and give you the best results your case can get. Our attorneys have managed cases from clients all over the country and internationally.
Adjustment of Status: Checklist
Many individuals and families wish to relocate to the United States, and following an accurate adjustment of status can improve the likelihood of ultimately obtaining citizenship. Although there are a few direct methods, the easiest way is to apply for a change of status once you have been admitted.
Since individual cases vary, an attorney from Tadeo & Silva Immigration Attorneys can be instrumental in deciding what option is best for your case when you submit a petition for a permit through immigration services.
If you are currently in the U.S. under a nonimmigrant visa status (e.g., H-1B, E-2, L-1, and so on), then you have the ability to submit an application to alter this nonimmigrant status to immigrant status (permit). This is called “changing your status,” and an adjustment of the status can help.
Checklist of Documents Needed for Adjustment of Status
There are multiple docs and forms needed for adjustment of status when becoming a permanent resident in the United States. In order to change your status, you will need to submit a form I-485 Application to Register Permanent Resident or Adjust Status to USCIS, along with up-to-date and accurate supplementary documentation.
The forms and additional docs required can be complex. It can also be easy to overlook or misunderstand some of the requirements. Hiring a qualified attorney is the simplest way to ensure that your application for adjustment of status contains all the necessary materials and information.
When Do You Need an Adjustment of Status Interview Checklist?
An adjustment of status interview checklist includes all of the requirements to move your status from a temporary visa by filling out a permanent green card application form. This is different than a visa transfer or a change from TN to H-1B status. It can help ensure you are prepared for your adjustment of status or green card interview at the USCIS office.
AOS Checklist USCIS
In addition to having a thorough AOS USCIS, an immigration attorney familiar with USCIS in Atlanta can provide valuable additional information. Developing a relationship with a reputable law firm early in the process can help you throughout answering the questions.
What Is Included With an AOS Checklist?
What materials do you require when completing an adjustment of status or AOS checklist? Much like with any immigration process, it helps to be totally prepared prior to submitting any forms.
Below is a list of documents you will likely require, but be sure to follow the most up-to-date instructions from USCIS or your immigration attorney.
- Form I-485
- Two photos of yourself that adhere to the photo guidelines
- Your green card petition approval notice
- Your birth certificate
- Your I-94 arrival/departure card
- The I-797 approval notice from your previous status
- Medical examination results if required
- Appropriate filing fee
The additional specifics required depend on your exact situation. Don’t hesitate to ask questions and double-check your information when you are completing this important application.
Review Your AOS Interview Checklist
Since the interview is the final step, you may not even require an AOS interview checklist. In fact, USCIS may not even require an interview.
In addition to the aforementioned documents, you will need to bring a copy of your appointment notification and originals of any supporting documents that you submitted to USCIS. It is also wise to hire a translator if you are still learning English, as misunderstandings can result in a denial. You may also want to look for an immigration attorney who is fluent in your native language. At Tadeo & Silva, our office staff and abogados de migracion en Atlanta are fluent in both English and Spanish.
The more accurate your initial documentation, the more likely the process will go smoothly for you.
Green Card Interview Documents Checklist
When considering the green card interview documents checklist, it is good to remember the most extended wait during the green card is the wait for the priority date. Following that, the green card processing time usually takes about six months from the date you’ve filed your I-485 checklist.
Premium green card processing is unavailable for the I-485. Rather, your adjustment of status processing time is at the mercy of the caseload of your service center.
Green Card Application Checklist
Unfortunately, even if you follow a green card application checklist, your status interview may not end with a decision. The USCIS officer may not be able to approve your green card case without additional evidence, such as employment authorization. In those situations, you will receive your decision by mail.
AOS Checklists for Different Visa Types
The checklists vary for different visa types. Although the general requirements are the same, the additional documentation needed is specific to the method, which changes the checklist.
The U Visa Adjustment of Status – Checklist Includes the Following
The U visa checklist is beneficial for those holding a nonimmigrant status who has the following qualifications:
- Crime victim
- Assisted law enforcement for three years
- Continuously resided in the U.S. during that amount of time
To apply for a change of status, you need to include along with your petition.
- Filing fee or a waiver request filed on Form I-912
- Form I-765
- Form I-130
- Form I-131
- Evidence of continuous physical presence in the U.S.
- Form I-918 Supplement B
It is helpful to provide supplement evidence that shows you have complied with any and all legal assistance requests. For this type of visa, you may want to consult with a criminal attorney as well as an immigration attorney since the areas of law intersect with a U Visa.
To complete a marriage checklist, the petitioner should include the Marriage certificate along with the typical requirements. Consulting a law firm that specializes in family-based immigration is wise.
Reviewing a K1 AOS Checklist
A K1 AOS checklist is necessary for fiance visa holders wishing to enter the U.S. on a non-immigrant visa. A fiance visa provides you with an I-94 entry card that is valid for 90 days.
If you marry your fiance within the 90 days, there are no other legal issues, and you submit your completed application in time, you should be eligible for a change of status. Otherwise, you may be required to leave the country.
In addition to general documentation, a VAWA checklist requires a Form I-360. This documents that you are a foreign-born individual who is married to an abusive U.S. citizen or permanent resident. It describes the battery or cruelty you have been subjected to.
For expert assistance in applying to adjust your immigration status, contact the attorneys at Tadeo & Silva.
Tadeo & Silva Immigration Attorneys
3555 Koger Blvd Suite 120,
Duluth, GA 30096
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