ADJUSTMENTOF STATUS

Adjustment of status (AOS) is the process used by a foreign national who is physically present in the United States to become a lawful permanent resident (LPR). AOS is an alternative to obtaining an immigrant visa through a U.S. consulate abroad, a process known as “consular processing” (CP). Depending on processing times at U.S. Citizenship and Immigration Services (USCIS) service centers, AOS may be preferred by foreign nationals over CP because: (1) it avoids the expense and inconvenience of travel to the home country; (2) AOS applicants, including dependent family members, are entitled to employment authorization and permission to travel while the AOS application is pending; (3) employment-based AOS applicants receive job mobility (i.e., “portability”) benefits provided under recent legislation; and (4) there are more options for reconsideration of an unfavorable decision by the USCIS.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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