How Does the Adjustment of Status Process Work for Those on a Work Visa?

What Is Adjustment of Status and Who Is Eligible?

Adjustment of Status (AOS) is a process that enables individuals residing in the United States on a work visa to apply for permanent residency, commonly known as a green card, without the need to leave the country. This transition from a temporary work visa to permanent residency offers stability and the potential for future citizenship. The AOS process involves submitting forms to the U.S. Citizenship and Immigration Services (USCIS) and attending an interview. 

To be eligible for AOS, you must be physically present in the United States and have entered the country lawfully. This means that your initial entry into the U.S. must have been through a recognized port of entry with valid documentation. Additionally, you need an approved immigrant petition, such as the I-140 for employment-based visas, which is a foundational step in the process. Maintaining your current visa status is crucial until your application is approved. Overstaying your visa or violating its terms can lead to complications, potentially jeopardizing your eligibility. Furthermore, certain criminal records or past immigration violations can render you ineligible for AOS.

Understanding these eligibility criteria is essential. If you meet them, you can proceed with your application. If not, consulting with an immigration attorney can help clarify your options. Every case is different, and eligibility can hinge on nuanced details. For instance, a person on an H-1B visa working in Chicago might have other considerations compared to someone on an L-1 visa. An attorney can help navigate these complexities, ensuring you have the best chance of success.

What Documents Are Required for Adjustment of Status?

Documents help provide evidence of your eligibility and support your case for permanent residency. Key documents include your birth certificate, passport, visa, and I-94 travel record, collectively establishing your identity and lawful entry into the United States. Additionally, you’ll need your approved immigrant petition, such as the I-140, and proof of your current employment, which could include an employment verification letter from your employer in Chicago.

Financial documents, such as tax returns and pay stubs, also demonstrate your ability to support yourself financially. These documents help USCIS assess whether you will likely become a public charge, a consideration that can impact your application. Organizing these documents can be daunting, but creating a checklist can ensure you have everything you need. Keep copies of all documents and organize them in a folder for easy access. This will help streamline the process and reduce stress.

Consider setting aside a specific time each week to gather and organize your paperwork. This can prevent last-minute scrambles and ensure you meet all deadlines. If you’re unsure about any document, consult with an immigration attorney. They can provide guidance and help you avoid common pitfalls. 

How Long Does the Adjustment of Status Process Take?

The process takes about 8 to 14 months on average, but this is a general estimate and individual experiences can differ. Several elements can affect this timeframe, including the type of visa you currently hold. Employment-based visas, such as the H-1B or L-1, often have different timelines than family-based visas, impacting how quickly your application is processed.

Another factor is the workload of the USCIS office handling your case. Some offices process applications faster than others, and the Chicago USCIS office may have different processing times compared to offices in other regions. Additionally, any errors or missing documents in your application can lead to delays, underscoring the importance of submitting a complete and accurate application.

It’s also worth noting that the current political climate and changes in immigration policy can impact processing times. For instance, shifts in immigration policy or increased scrutiny of applications can extend processing times. Staying informed about these changes can help you anticipate potential delays. If you’re concerned about the timeline, consider contacting an immigration attorney. They can provide insights into current processing times and help you navigate any challenges. An attorney can also advise on strategies to expedite your application, such as filing for premium processing if available.

Can I Work While Waiting for Adjustment of Status?

While waiting for your Adjustment of Status application to be processed, you can continue working if you have an Employment Authorization Document (EAD). This document allows you to work legally in the U.S. while your application is pending. To obtain an EAD, you’ll need to file Form I-765 with USCIS. Once approved, you’ll receive a card that proves your work authorization. Keep in mind that this document is temporary and must be renewed if your AOS application is still pending.

However, there are limitations. Not all jobs may be available to you, depending on your current visa status. It’s crucial to understand these restrictions to avoid jeopardizing your application. For instance, if you’re on an H-1B visa, you may be limited to working for your sponsoring employer, whereas an EAD could provide more flexibility. If you’re unsure about your employment options, consulting with an immigration attorney can provide clarity. They can help you understand your rights and ensure you remain compliant with immigration laws.

How Can an Immigration Attorney Help With the Adjustment of Status Process?

Navigating the Adjustment of Status process can be complex, and an experienced immigration attorney can be invaluable in guiding you through each step. They can help ensure your application is complete and accurate, reducing the risk of delays or denials. An attorney can also provide insights into the latest immigration policies and how they might affect your case. They can represent you in communications with USCIS, helping to clarify any issues that arise.

When choosing an attorney, look for someone with a strong track record in immigration law. They should be knowledgeable about the specific requirements for Adjustment of Status and have experience handling similar cases. An attorney can also assist with preparing for your USCIS interview, offering guidance on what to expect and how to present your case effectively.

If you’re considering applying for Adjustment of Status, call Gilliam Law today at 866-511-3422 for a free consultation.