Regardless of the reason you are attempting to adjust your status, there are a few things you should be aware of. One of those is the fact that you may need to obtain an AOS. There are several different ways in which you can do this an example of this is Adjustment of Status for families, so make sure that you understand how this process works before you begin.
Requirements For A Foreign National To Apply For An Aos From Within the U.S.
Those who want to change their status to permanent resident can apply for an adjustment of status (AOS) from within the U.S. It is a discretionary procedure, and the government could reject your application.
If you qualify for an AOS, you will need to provide evidence that you have a relationship with a U.S. relative, such as a parent, spouse or unmarried child under the age of 21. AOS processing times can be unpredictable, and it has been noted that some applicants have experienced delays.
You should also keep in mind that some of the visa categories can take decades to process. You may also have to wait a long time before a green card is issued. Likewise, dependent children may age out if they have to wait too long for their green card.
The AOS process may also require that you change your job. You may apply for Employment Authorization Document concurrently with an AOS application. This is an important step, as you are not permitted to engage in any employment until you receive your EAD card. EAD cards are usually valid for one year, but can be extended in one year increments until an AOS application is adjudicated.
Requirements For A Foreign National To Apply For An Aos If They Have Received Advance Parole
Obtaining Advance Parole (AP) is a requirement of foreign nationals who are applying for Adjustment of Status (AOS). Generally, Advance Parole is issued for a period of one year. It is typically granted for non-emergency reasons, but may also be granted for bona fide personal reasons.
There are some risks associated with traveling on Advance Parole. First, the AOS process takes longer than if you simply obtain a visa. Second, it is possible to miss important AOS petition dates if you are traveling outside of the U.S. This can have a detrimental impact on your entire AOS application process. You may also have to follow consular processing while you are outside the United States.
Another risk associated with traveling on Advance Parole is having your AOS application abandoned. This is because you are considered to have abandoned the AOS process if you leave the United States without obtaining Advance Parole. You can avoid this by obtaining AP before you leave the U.S.
Requirements For A Foreign National To Apply For An Aos If They Have Received A K Visa
Generally speaking, you have to have a visa available to you before you can apply for an Adjustment of Status. In some cases, you can use an H-1B or L-1 visa to apply for an AOS. In other cases, you must wait until you are in the U.S. If you do not have an immigrant visa available to you, you will need to wait for consular processing.
If you are applying for an immigrant visa, you have to be sure that you can apply for one before you get your K visa. You may not apply for a K visa if you have been temporarily barred from entering the U.S. You also must check the priority date of your application.
The K-3 visa is a nonimmigrant visa. It allows a foreign spouse of a United States citizen to enter the United States. However, the visa has a few drawbacks. In addition to allowing the alien spouse to enter the United States, it also expedites the process for minor children. If you want to expedite your immigration process, consider using the K-3 visa.
Requirements For A Foreign National To Apply For An Aos If They Are A Spouse
Generally, a foreign national must have a lawful status and be available to adjust their status before applying for an AOS. However, there are exceptions to this rule, such as the marriage to a U.S. citizen. In some instances, the green card can be obtained immediately, but in others, it can take years.
A foreign spouse must have a valid EAD (Employment Authorization Document) before taking employment. They also must have an AOS based EAD to maintain employment.
To obtain an EAD, the foreign spouse must present a valid passport, birth certificate, and a photo. Applicants for an AOS based EAD may also be required to submit an application for Advance Parole, which allows them to travel abroad. This is often a tricky application to use in practice, but can be an option if you need to travel outside of the United States during the AOS process.
A foreign spouse must also prove that they have sufficient financial resources to support themselves. The household’s income must be at least 125 percent of the federal poverty guidelines. If the household’s income falls below the 125 percent threshold, it may be possible to obtain a waiver. The foreign spouse may also be required to submit an affidavit of support. The affidavit is valid for ten years.