Published: April 19, 2022
United States holds endless opportunities for immigrants. It can help anyone start a brand new life and succeed in their endeavors, whatever they may be. One of the most practical things immigrants can do in America is gain employment and unlock permanent residency. But before becoming a permanent resident, one should successfully undergo the Adjustment of Status process.
Adjusting one’s immigration status can be a long and confusing process, especially for non-experts. However, consulting experienced immigration lawyers can make the process smoother and more understandable. Before filing a petition for Adjustment of Status, please read the comprehensive guide we created for immigrant workers.
What is Adjustment of Status?
Adjustment of Status is a necessary procedure that immigrants undergo to unlock a lawful permanent resident status. This process is popularly known as the Green Card process. Please note that the applicant must be present in the United States during the adjustment process. When applying for a Green Card, applicants do not have to return to their home country to complete all the steps.
To avoid confusion, applicants should know the distinction between Adjustment of Status and consular processing. In essence, the difference lies in where the applicant may process their status. In Adjustment of Status, applicants must be physically present in the US, while in the consular process, applicants should initiate the procedure in their home countries.
Why employees need to file AOS?
For employees currently residing in the United States, filing an application for Adjustment of Status is one of the final steps to becoming a permanent resident. To file for this process, employees should possess all eligibilities and fall under any of the employment-based immigrant categories. Currently, there are five: EB-1, EB-2, EB-3, EB-4, and EB-5.
The USCIS only grants a limited number of slots to immigrant employees every year. Secure your spot by filing as early as possible. You may coordinate with one of our Green Card lawyers for this matter. Besides gaining assistance in immigration, there are multiple reasons why hiring immigration lawyers is advantageous.
Best Practices for AOS
1. Prepare for all required employment-related documents
Adjustment of Status is a heavily technical process. Missing any of the requirements will delay, if not cease, the entire procedure. Avoid worst-case scenarios by following the checklist provided by the USCIS. For employment-based immigration, applicants should be keen on their employment and academic records. Please ensure a legible and verifiable copy of all relevant documents, whether they are issued within the United States or somewhere else.
2. Coordinate regularly with your employer or sponsor
Most cases for employment-based Adjustment of Status require a sponsor. Often, the sponsor should be your employer. Maintain constant communication with them so that you will know they are doing their part in this application process.
If you have questions, ALG Lawyers can give you clarifications on this matter. We can also assist you in coordinating with your employer and ensure that the rest of the process is smooth.
3. Abide by all American laws
Committing crimes or transgressing any US laws may prompt the USCIS to deny your application. If your violation is severe, you may even be deported. Protect your immigration status by following all existing laws and refrain from committing illegal acts.
If you are unsure whether your actions are permissible or not, consult with our immigration lawyers first. We can help you stay updated with America’s immigration regulations.
4. Respond ASAP
Even if you complete your submissions, government agencies may require something else to substantiate your application further. If you receive any notice that requires compliance from the USCIS or any other government agency, please respond within the allowable period. Never ignore these notices.
Our immigration lawyers can give you valuable insight on what to do next if you receive notices from immigration agencies.
5. Partner with a reliable immigration lawyer
One of the best practices when processing for immigration, regardless of the category applied for, is working with immigration lawyers. They have the technical and practical knowledge to go about the process. As legal experts, they know what to prioritize and what to avoid.
Rookie Mistakes to Avoid
1. Filing the wrong forms
There is a designated form for the Adjustment of Status process. Besides that, there are multiple other forms that applicants should complete to facilitate their transition into permanent residency. Filing incomplete, inaccurate, and inappropriate forms can adversely impact the flow of your application.
Before filing any form, coordinate with one of our lawyers. They can advise you whether or not you are making the correct submission.
2. Filing beyond deadline
The deadlines for immigration processes are non-extendable. While the USCIS and other government agencies may grant extensions, they are rarely given. Refrain from expecting that your request for an extension will be granted. Make it your priority to prepare ahead of time.
If you think you cannot process your immigration because of your work and other commitments, you can count on us instead. ALG Lawyers is here to provide you with first-rate immigration support.
3. Not correcting clerical mistakes
It is possible to correct clerical errors from your submissions. After realizing you made clerical errors in any of your submissions, initiate actions to fix them. Do not postpone the corrections because your application may be denied permanently.
Immigration lawyers can help you with checking and assessing your submissions. They can also assist you with the correction processes.
4. Failing to update mailing address
It is possible to move within the United States while your Adjustment of Status is pending. However, please coordinate with the USCIS about it. Failing to inform the USCIS about your move increases the risk of missing notices from their office.
5. Leaving the United States
Applying for a Green Card does not restrict an immigrant from leaving the United States. However, as someone intending to be a permanent resident, you should stay within the country as much as possible. Staying outside of the country too often or for an extended period may create an impression with the USCIS that you do not wish to reside in the United States.
There are more things to avoid while applying for a Green Card. Please coordinate with our Los Angeles immigration attorneys so that we can guide you accordingly.
Road to Permanent Residency
Many immigrants choose to work in the United States to gain permanent residency eventually. If you are one of them, ALG Lawyers can help turn your dream into reality. Over the years, we helped countless immigrant workers take advantage of their US Green Card eligibility and live the life they deserve.
Our team of competent immigration lawyers will work thoroughly on your case. We will ensure that not a single file is missing! ALG Lawyers is here to simplify all processes and help make the waiting times more bearable. To schedule a consultation with us, feel free to click this link.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)