Adjustment of Status (AOS)

Adjustment of Status (AOS) for EB-3 Visa Applicants

Adjustment of Status (AOS) is the process that lets certain foreign nationals already in the United States switch from a temporary visa to lawful permanent resident (Green Card) status without leaving the country. For those pursuing an EB-3 visa, AOS offers a streamlined path to settle in the U.S. once their priority date becomes current.

What Is Adjustment of Status (AOS)?

AOS is an alternative to consular processing, where applicants would normally complete their immigrant visa steps abroad at a U.S. consulate. With AOS, individuals who meet specific criteria can file Form I-485 (Application to Register Permanent Residence or Adjust Status) while staying in the U.S. This saves time, prevents travel interruptions, and helps avoid certain re-entry hurdles.

How It Relates to EB-3 Visa

1. EB-3 Eligibility
   If your EB-3 visa petition (Form I-140) is approved and your priority date is current, you may file for AOS while lawfully present in the U.S.
2. Dual Filing Opportunities
   In some cases, you can file I-140 and I-485 at the same time (known as concurrent filing), expediting the overall process.
3. No Consular Interview
   Applicants using AOS typically have their green card interviews at a local USCIS office, avoiding international travel and embassy appointments.

Key AOS Requirements for EB-3 Applicants

• Valid Entry: You must be in the U.S. under a lawful status (e.g., H-1B, L-1) without major immigration violations.
• Approved or Concurrent I-140: Your EB-3 petition must be on file, either approved or filed at the same time as AOS.
• Current Priority Date: Check the Visa Bulletin. You cannot finalize AOS until your EB-3 priority date is available.
• No Bars to Admissibility: Certain criminal, health, or security issues may prevent you from adjusting status.

Advantages of AOS for EB-3

• Stay in the U.S.: No need to return to your home country for consular processing.
• Work Authorization: You can obtain an Employment Authorization Document (EAD) while your I-485 is pending, allowing continued employment.
• Advance Parole: A travel document known as Advance Parole lets you leave and re-enter the U.S. without abandoning your AOS application.

Typical AOS Steps

1. File I-485: Submit the adjustment application along with required forms and supporting documents.
2. Biometrics Appointment: Attend a fingerprinting session for background checks.
3. Possible Interview: Some applicants interview at a local USCIS office to confirm eligibility.
4. Approval: Once approved, you become a lawful permanent resident and receive your Green Card.

Tips for a Successful AOS

• Stay in Legal Status: Maintain your nonimmigrant visa status or valid EAD.
• Accurate Documentation: Double-check forms and provide all requested evidence.
• Track Priority Date: Watch the monthly Visa Bulletin to see when your EB-3 visa slot is current.
• Consider Concurrent Filing: If USCIS permits it, filing I-140 and I-485 together can reduce wait times.

Final thoughts

Adjustment of Status (AOS) offers a convenient route for EB-3 visa applicants already in the U.S. to secure a Green Card without returning to their home country. By understanding its requirements, following best practices, and watching your priority date, you can move one step closer to lawful permanent residence and a stable future in the United States.

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