Adjustment of Status (AOS) is a critical step for individuals already in the United States who wish to transition from a temporary visa to permanent resident status (Green Card).
One of the most frequently asked questions during this process is, “How long does Adjustment of Status take?”
In this article, we’ll dive into the factors that influence processing time, provide a detailed timeline, highlight common pitfalls and how to avoid them, and offer tips to ensure your application moves as quickly as possible.
Understanding the Adjustment of Status Process
Before diving into timelines, it’s essential to understand the Adjustment of Status process itself. AOS allows eligible individuals to apply for a Green Card without needing to leave the U.S. to complete visa processing at a U.S. consulate or embassy abroad. This process involves several steps:
- Eligibility Check: Ensure you qualify for AOS based on your visa category, immigration status, and other factors.
- Filing Form I-485: The primary form for applying for AOS, which must be accompanied by various supporting documents.
- Biometrics Appointment: You’ll be required to attend a biometrics appointment where your fingerprints, photo, and signature are taken.
- Interview: In many cases, you will need to attend an interview with USCIS, where an officer will review your case.
- Approval or Denial: After the interview (if required), USCIS will either approve or deny your AOS application.
Factors Influencing Adjustment of Status Processing Time
Several factors can influence how long the AOS process takes, including:
- USCIS Service Center Workload: Processing times vary depending on the workload at the specific USCIS service center handling your case.
- Type of Green Card: Family-based Green Cards, employment-based Green Cards, and other categories have different processing times.
- Priority Date: If you’re applying based on a family or employment petition, your priority date must be current according to the Visa Bulletin.
- Interview Waivers: Some applicants may have their interviews waived, which can significantly reduce processing times.
- Request for Evidence (RFE): If USCIS needs additional information, they may issue an RFE, which can delay your case.
- Complexity of the Case: Cases with unusual circumstances or complications may take longer to process.
Common Pitfalls and How to Avoid Them
While the Adjustment of Status process may seem straightforward, many applicants encounter obstacles that can lead to delays or even denials. Here are some common pitfalls and how to avoid them:
- Incomplete or Incorrect Forms:
- Pitfall: Failing to fill out Form I-485 and other required documents correctly can lead to delays. Simple mistakes like missing signatures, incorrect information, or leaving sections blank can trigger an RFE.
- How to Avoid: Carefully review your forms before submission, double-check all information, and consider having a legal professional review your application to ensure accuracy.
- Missing Supporting Documents:
- Pitfall: Not including all the required supporting documents, such as proof of your current immigration status, financial documents, or evidence of your relationship (in family-based cases), can result in an RFE or denial.
- How to Avoid: Compile a checklist of all necessary documents before you begin your application. Cross-reference this checklist with USCIS guidelines to ensure you have everything required.
- Delays in Responding to RFEs:
- Pitfall: If USCIS issues an RFE, a delayed or incomplete response can extend your processing time significantly.
- How to Avoid: Respond to RFEs as quickly and thoroughly as possible. Provide all requested information and documents, and ensure your response is submitted before the deadline.
- Failure to Maintain Status:
- Pitfall: If your current visa status expires while your AOS application is pending, you could be at risk of removal proceedings.
- How to Avoid: Ensure you maintain your lawful status in the U.S. throughout the AOS process. If your visa is about to expire, consult with an immigration attorney to discuss options like extending your current status or applying for a different visa.
- Missing Biometrics Appointment:
- Pitfall: Missing your biometrics appointment without rescheduling can lead to a significant delay in processing.
- How to Avoid: Make sure to attend your biometrics appointment as scheduled. If you cannot attend, reschedule as soon as possible using the instructions provided in your appointment notice.
By being aware of these common pitfalls and taking proactive steps to avoid them, you can help ensure that your AOS application proceeds as smoothly and quickly as possible.
Typical Timeline for Adjustment of Status
While the AOS process can vary widely depending on the factors mentioned above, here’s a typical timeline for a straightforward case:
- Filing Form I-485: 1-2 Months
- What Happens: Once you file Form I-485, USCIS will send you a receipt notice confirming they have received your application.
- Biometrics Appointment: 1-2 Months after Filing
- What Happens: You’ll receive a notice for a biometrics appointment. After the appointment, your fingerprints, photo, and signature are processed.
- Initial Review and RFE (if any): 3-6 Months after Filing
- What Happens: USCIS reviews your application. If they need more information, they will send you an RFE, which you must respond to within a specified timeframe.
- Interview Scheduling: 6-12 Months after Filing
- What Happens: If an interview is required, you’ll receive a notice with the date, time, and location of your interview.
- Interview and Decision: 12-18 Months after Filing
- What Happens: Attend your interview, where a USCIS officer will ask questions about your application. Afterward, you’ll receive a decision.
- Green Card Issuance: 1-2 Months after Approval
- What Happens: If approved, your Green Card will be mailed to you.
Detailed Timeline for Specific AOS Categories
The timeline for Adjustment of Status can vary significantly depending on the category under which you are applying. Here’s a breakdown of the typical timelines for some common AOS categories:
Family-Based Green Cards (Immediate Relatives of U.S. Citizens)
- Timeline: 12-18 Months
- Details: Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) typically have a faster processing time because they do not have to wait for a visa number to become available. The main steps include filing the I-130 petition, I-485 application, biometrics, and attending an interview.
Family-Based Green Cards (Preference Categories)
- Timeline: 18-36 Months
- Details: Applicants in family preference categories (e.g., siblings of U.S. citizens, married children of U.S. citizens) may experience longer wait times due to the need to wait for a visa number to become available. The priority date must be current before the I-485 can be filed.
Employment-Based Green Cards
- Timeline: 12-30 Months
- Details: Processing times for employment-based Green Cards vary depending on the preference category (EB-1, EB-2, EB-3, etc.) and country of origin. Applicants may need to wait for a visa number to become available, especially for high-demand categories.
Refugee/Asylee Adjustment of Status
- Timeline: 12-24 Months
- Details: Refugees and asylees are eligible to apply for a Green Card one year after being granted asylum or refugee status. The processing time includes filing the I-485, attending a biometrics appointment, and potentially an interview.
Special Immigrant Juvenile Status (SIJS)
- Timeline: 12-30 Months
- Details: SIJS applicants may face longer processing times due to the unique nature of their cases. They must first be classified as a Special Immigrant Juvenile before applying for AOS.
What to Do If Your AOS Takes Longer Than Expected
If your Adjustment of Status application takes longer than the typical timeline, consider the following steps:
- Check Case Status Online: Use the USCIS online tool to check the status of your case. Ensure you have your receipt number handy.
- Contact USCIS: If your case is outside normal processing times, you can submit a case inquiry with USCIS.
- Consult with an Immigration Attorney: If you’re experiencing significant delays or complications, it might be beneficial to consult with an immigration attorney.
Conclusion
The time it takes to complete the Adjustment of Status process can vary significantly based on multiple factors.
While a straightforward case might be processed in 12-18 months, delays are not uncommon. By understanding the process, avoiding common pitfalls, and taking proactive steps when necessary, you can help ensure your application proceeds as smoothly as possible.
For those navigating the complexities of the U.S. immigration system, patience and preparation are key. Stay informed, and don’t hesitate to seek professional advice if you encounter challenges along the way.
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