AOS | Adjustment of Status

Serving San Antonio, Austin and McAllen, Texas

What is an AOS/Adjustment of Status?

AOS/Adjustment of Status applications may permit foreign nationals who currently live in the United States to change their immigration status. These applications are designed to help temporary visa holders secure immigrant-track visas that provide a path to permanent residency and citizenship. In most cases, U.S. Customs and Immigration Services allows immigrants to file these applications without returning to their countries of origin. Temporary visa holders who have left the United States must forgo the Adjustment of Status application process and file a permanent resident visa petition at an American consular office.

Benefits/Uses

An Adjustment of Status application confers several immediate benefits. First, temporary visa holders are generally permitted to remain in the country during the processing period. This privilege enables visa holders to lodge Adjustment of Status applications without significantly disrupting their lives. In addition, Adjustment of Status petitioners may simultaneously apply for a U.S. work permit that covers the duration of the processing period. Finally, all applicants are permitted to travel outside of the United States for the duration of the processing period. This includes applicants whose temporary visas would not normally permit them to do so. Schedule a meeting with an AOS lawyer to better understand the need to adjust one’s status.

Requirements/Qualifications

An Adjustment of Status applicant must be able to furnish proof of several key criteria. Failure to do so could result in the denial of his or her application:

• Up-to-date, temporary legal status within the United States
• Approval of all prerequisite petitions
• Availability of the desired class of immigrant-track visa
• No pending removal proceedings
• No history of unauthorized employment or criminal activity

In addition, Adjustment of Status applicants must remain eligible for permanent residency throughout the application process. For instance, an applicant whose only permanent-resident relative passes away midway through the process may no longer be eligible for a family-based permanent resident card. If you meet the requirements, an Adjustment of Status lawyer at the Gutierrez Law Firm can help you with this matter.

Limitations/Drawbacks

The complexity of the Adjustment of Status application process may pose problems for unprepared applicants. As such, individuals who wish to lodge an application are advised to contact a seasoned immigration attorney. In addition, certain classes of individuals are ineligible to apply for Adjustment of Status. This might include applicants who entered the country without proper entry clearance or became “public charges” during their time in the United States. Individuals who depend “primarily” on the U.S. government for basic needs like food and shelter are deemed to be “public charges.”

How We Can Help

The AOS attorneys at the Gutierrez Law Firm are committed to helping each of our immigrant clients pursue their own personal “American Dream.” We understand that circumstances and plans can change in the blink of an eye. In order to ensure that deserving individuals are able to continue to build and improve their new lives in the United States, we provide a full range of Adjustment of Status services to clients from all over the world.

Talk to one of the Gutierrez Law Firm’s AOS lawyers at 210.225.7114 if you need help.