Family Immigration
Adjustment of Status (Green Card)
Adjustment of Status (AOS) is the process of applying for a Green Card to receive permanent residency in the United States. Some of the more common bases under which one can adjust their status to permanent residency are:
Family based AOS:
US Citizens and Permanent Residents can petition the USCIS (United States Citizenship and Immigration Services) to bring their family members to live permanently in the United States. Immediate relatives of US citizens do not have to wait for a visa number to obtain an immigration visa. Immediate relatives include:
- Spouses
- Parents and
- Unmarried children of US citizens under 21 years of age
Adopted children also qualify as immediate relatives. If any of these relatives are already present in the United States, depending on individual circumstances, they may not have to return to their countries to apply for an immigration visa at the respective US embassy in their home country.
Other family members of US citizens and permanent residents can also petition to bring them to live permanently in the United States. However, these family members have to wait for a visa number to be available before they can obtain one to emigrate under the family preference category. They include:
- Unmarried adult children of citizens, along with their minor children
- Spouses and minor children of lawful permanent residents
- Unmarried adult children of lawful permanent residents
- Married children of citizens, along with their spouses and minor children
- Siblings of adult citizens, along with their spouses and minor children
Refugees and asylees can also petition the USCIS to bring their spouses and unmarried children under 21 years old under the derivative petition for asylum and refugees. There is no waiting period for a visa under this category.
Asylum/refugee based AOS:
Asylees and refugees admitted into the United States are eligible to adjust their status to that of Permanent Resident exactly ONE YEAR after they are admitted as refugees or asylees. Although there is no deadline to adjust their status, there is, however, a strong incentive to do so because being a refugee or asylee is not considered a permanent status.
Adjustment of status under this category requires neither a waiting period for a visa number to receive a Green Card, nor meet the financial requirements to show that he/she will not be a public charge.