AOS typically means Adjustment of Status in the context of U.S. immigration.
What is Adjustment of Status?
Adjustment of Status (AOS) is a process that allows an eligible foreign national who is physically present in the United States to apply for lawful permanent resident status (a Green Card) without having to return to their home country to complete the process. In simpler terms, it allows someone already in the U.S. to change their status to become a permanent resident.
Key Considerations for Adjustment of Status:
- Eligibility: Not everyone is eligible for AOS. Eligibility depends on factors such as the applicant's current immigration status, how they entered the U.S., and whether they have a qualifying basis (such as a family-based or employment-based petition).
- Qualifying Basis: AOS requires a valid basis, such as having an approved family-based petition (e.g., sponsored by a U.S. citizen or lawful permanent resident relative) or an approved employment-based petition (e.g., sponsored by an employer).
- Physical Presence: The applicant must be physically present in the United States.
- Admissibility: The applicant must be admissible to the United States. This means they must not have any factors that would make them ineligible for a Green Card, such as a criminal record or certain health conditions.
- Application Process: The process typically involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation.
- Interview: In most cases, an interview with a U.S. Citizenship and Immigration Services (USCIS) officer is required.
- Concurrent Filing: In some situations, it's possible to file the I-485 concurrently with the underlying petition (e.g., the I-130 family-based petition or the I-140 employment-based petition). This can expedite the overall process.
Example:
Imagine someone enters the U.S. on a student visa (F-1). While in the U.S., they marry a U.S. citizen. They can then apply for Adjustment of Status based on their marriage to a U.S. citizen, allowing them to become a permanent resident without leaving the country.
Important Note: Immigration laws and procedures are complex and subject to change. It's always recommended to consult with an experienced immigration attorney for personalized advice and guidance.
