If you choose to Adjust Status at the Immigration office in the United States , you will have to file the preliminary Adjustment of Status information and filing fee of USD 375.00 with the State Department as instructed by the KCC letter. Once you make the AOS fee payment you will be able to file the Form I-485 Adjustment Of Status application with the USCIS (United States Citizenship and Immigration Services) . However, you will not be able to file the application to adjust status until the Visa Bulletin indicates your number will be reached in the coming month – you can file one month in advance based on the advanced notification in the Visa Bulletin. For the current visa bulletin click LINK. Nonetheless, not all applicants in the United States can adjust. In order to qualify you must:
1.Have entered the U.S. legally, i.e. with a visa or visa waiver or parole,
2. Have remained in valid status since your admission or parole,
3. And not have engaged in unauthorized employment in the United States at any time.
The AOS application process can get slightly confusing and is complicated. I would suggest anyone consult with a lawyer. Even though it might involve an expense, it is worth it. You may try to reach USCIS at 1.800.375.5283 or an InfoPass appointment. However, the quality of information you get from the customer service person will vary. A lawyer, on the other hand, will understand the process from your viewpoint, understand what you need to do, and be able to guide you through the process. You may be able to do it on your own, but even the most intelligent person may run into unexpected issues. Having a lawyer will be insurance that things go smoothly. I will be happy to refer you to competent counsel who can either offer a consultation, or guide you through the entire process.
In my next post I will explain the basic steps on doing a DV Permanent Resident application using Adjustment of Status.
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