1. What is Adjustment of Status (AOS) for asylees and refugees?

Adjustment of Status (AOS) is a process that allows asylees and refugees to apply to become lawful permanent residents, also known as green card holders, without having to leave the United States. AOS is the final step in the process of being granted permanent residence or a green card. The application process can take several months and involves completing required forms, submitting documentation, attending an interview, and paying fees. The AOS process allows asylees and refugees to remain living in the United States while their applications are being processed.

2. Who is eligible for AOS?

AOS, or Adjustment of Status, is available to certain immigrants who are already present in the U.S. This includes those who are the beneficiaries of an approved immigrant visa petition, applicants for registry, applicants for asylum or refugee status, and certain family members of U.S. citizens or Lawful Permanent Residents (LPRs).

3. How long does the AOS process take?

The AOS process typically takes 7 to 12 months. However, the length of time can vary significantly depending on the type of visa application, individual circumstances, and the current immigration processing times.

4. What documents do I need to provide to apply for AOS?

To apply for Adjustment of Status, or AOS, you will need to provide the following documents:

1. Form I-485, Application to Register Permanent Residence or Adjust Status

2. Two passport-style photographs

3. Proof of identity and copy of current immigration status

4. Copies of any previous visa applications and/or prior immigration decisions

5. Medical examination results from USCIS authorized civil surgeon

6. Evidence of financial support

7. Documentation of any criminal history you may have

8. Copy of your birth certificate and other identity documents

9. Copy of marriage certificate (if applicable)

10. Evidence that the principal applicant has a qualifying relationship with a U.S. citizen or permanent resident relative

5. What forms do I need to submit to apply for AOS?

You will need to submit Form I-485, Application to Register Permanent Residence or Adjust Status, Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document. Depending on your individual circumstances, other forms and documents may be required.

6. What is the filing fee for AOS?

The filing fee for AOS is $1,225.

7. How do I check the status of my AOS application?

You can check the status of your application by visiting the USCIS website and entering your application number. You may also contact the USCIS National Customer Service Center at 1-800-375-5283.

8. How do I prove my asylum status when applying for AOS?

To prove your asylum status, you will need to provide copies of the original documents or certified copies of the documents you used to establish your asylum status. This could include a Form I-94 Arrival/Departure record with the stamp or annotation showing that you were granted asylum, a Form I-730 Refugee/Asylee Relative Petition approval notice, or a letter from the USCIS confirming your status.

9. Can I travel outside of the U.S. while my AOS application is pending?

Yes, you can travel outside the U.S. while your AOS application is pending, but you must have a valid advance parole document or a valid visa in order to return to the U.S. Be sure to check with the embassy or consulate of the country you plan to visit before traveling to make sure that you will be allowed to enter. If you do not have a valid advance parole document or visa, or if you travel without one, you may not be allowed to reenter the U.S. and your AOS application may be deemed abandoned.

10. What are the possible outcomes of an AOS application?

The possible outcomes of an AOS application are:
1. Approved
2. Denied
3. Referred to USCIS for further review or additional evidence
4. Administrative processing
5. Abandoned, withdrawn, or expired application

11. What are the requirements for asylees and refugees to apply for U.S. citizenship?

Asylees and refugees can apply for U.S. citizenship after 5 years of permanent residence in the U.S. In order to apply, they must be at least 18 years old, demonstrate good moral character, pass English and civics tests, and take the Oath of Allegiance. They must also provide evidence that they have been living in the U.S. continuously for 5 years, with no trips outside the country lasting more than 6 months.

12. Are there any special considerations for asylees and refugees who are granted legal permanent residence through AOS?

Yes, there are several special considerations that apply to asylees and refugees who are granted legal permanent residence through AOS. For example, certain asylees and refugees may be eligible for a fee waiver or reduced fee for filing their AOS application. Additionally, asylees and refugees may be eligible for a one-time travel authorization to the United States if they depart the country while their AOS application is pending. Finally, certain asylees and refugees may be able to adjust their status without leaving the United States in limited circumstances. Each case is unique and should be discussed with an experienced immigration attorney.

13. Is there a time limit for asylees and refugees to file for AOS?

Yes, asylum applicants must file for AOS within one year of being granted asylum. Refugees must file for AOS within two years of being admitted to the United States.

14. Is there a work authorization associated with filing an AOS application?

Yes. A valid Employment Authorization Document (EAD) will be required for the applicant to work in the United States while the AOS application is pending.

15. Are there any restrictions on an asylee’s or refugee’s ability to bring family members into the country through AOS?

Yes, there are some restrictions on asylees’ and refugees’ ability to bring family members into the country through AOS. Refugees are generally allowed to bring their spouse and unmarried children under 21 years of age to the United States, while asylees may be able to petition for their spouse and unmarried children under 21 years of age. However, family members who were not included in the original asylee or refugee application will need to have their own individual applications approved by US Citizenship and Immigration Services in order to be granted admission to the US.

16. Can an asylee or refugee change their address after filing an AOS application?

Yes, an asylee or refugee can change their address after filing an AOS application. However, they must inform USCIS of their new address. They can do this by submitting Form AR-11, Alien’s Change of Address Card, either online or by mail.

17. What happens if an asylee or refugee is denied AOS?

If an asylee or refugee is denied AOS, they will remain in the U.S. in their current status. However, they will not be eligible for a green card and will not have permanent resident status. Depending on their circumstances, they may be able to apply for other forms of relief, such as cancellation of removal or a U-Visa for victims of certain types of crimes.

18. Is there a waiver available if an asylee or refugee is ineligible to apply for AOS?

No, there is not a waiver available for individuals who are ineligible to apply for AOS. Individuals who are ineligible may have to leave the country and re-apply for AOS outside of the United States.

19. Can an asylee or refugee apply for a fee waiver when applying for AOS?

Yes, an asylee or refugee can apply for a fee waiver when applying for AOS. The form used for this purpose is Form I-912, Request for Fee Waiver. To be eligible for the fee waiver, the applicant must meet certain criteria.

20. Are there any special considerations or accommodations for asylees and refugees who are living in a different state than when they applied for AOS?

Yes, there are special considerations and accommodations for asylees and refugees who are living in a different state than when they applied for AOS. According to the U.S. Citizenship and Immigration Services (USCIS), “if an asylee or refugee moves to a different state while his or her application is pending, USCIS will consider the new address and may adjust the case accordingly.” Additionally, USCIS may take into account any hardships or financial burdens that might have been incurred by an asylee or refugee due to moving to a new state.