ADJUSTMENT OF STATUS (AOS) FORM PREPARATION SERVICES

If a U.S. citizen or lawful permanent resident relative has filed Form I-130 (Petition for Alien Relative) for you, you may be eligible to adjust status if you are physically present in the United States.

Family-based eligible categories include:

• Spouse of a U.S. citizen (immediate relative)
• Parent of a U.S. citizen (immediate relative, if sponsor is 21+)
• Unmarried child under 21 of a U.S. citizen (immediate relative)
• Married son or daughter of any age of a U.S. citizen
• Unmarried son or daughter 21+ of a U.S. citizen
• Spouse of lawful permanent resident
• Unmarried child of lawful permanent resident
• Brother or sister of U.S. citizen (if sponsor is 21+)

Your petitioner must file or have filed Form I-130, and you must meet all eligibility requirements and pass required background checks.

If you entered the United States on a K-1 fiancé(e) visa and married your U.S. citizen sponsor within 90 days of arrival, you may be eligible to adjust status.

K-1 AOS Requirements:

• You were admitted to the U.S. as the K-1 fiancé(e) of a U.S. citizen
• You married that U.S. citizen within 90 days of your entry
• You are physically present in the United States
• Your U.S. citizen spouse will sponsor you with Form I-864 (Affidavit of Support)

K-2 Derivative Children: If you have children who came with you on K-2 visas, they may also adjust status based on your adjustment as the principal applicant.

If you are a U nonimmigrant (victim of certain crimes who helped or could help law enforcement), you may be eligible to adjust status to permanent resident after meeting certain conditions.

U Visa AOS Requirements:

• You were lawfully admitted to the U.S. as a U-1, U-2, U-3, U-4, or U-5 nonimmigrant
• You have been physically present in the U.S. for at least 3 years in U status
• You have complied with requests for assistance from law enforcement (unless you qualify for an exemption)
• You can show that adjustment of status is warranted on humanitarian grounds, to ensure family unity, or is in the public interest
• You meet all other general eligibility requirements for adjustment of status

Derivative Family Members: Qualifying family members of U-1 principals may also adjust status (U-2, U-3, U-4, U-5 categories).

Form Required: Form I-485 with Supplement E (specific to U visa adjustments)

If you are a T nonimmigrant (victim of severe human trafficking), you may be eligible to adjust status to permanent resident after meeting certain conditions.

T Visa AOS Requirements:

• You were lawfully admitted to the U.S. as a T-1, T-2, T-3, T-4, T-5, or T-6 nonimmigrant
• You have been physically present in the U.S. for at least 3 years in T status
• You comply with reasonable requests from law enforcement (unless you are under 15 or would suffer unusual and severe harm)
• You can show that adjustment of status is warranted on humanitarian grounds, to ensure family unity, or is in the public interest
• You meet all other general eligibility requirements for adjustment of status

Derivative Family Members: Qualifying family members of T-1 principals may also adjust status (T-2 through T-6 categories).

Form Required: Form I-485 with Supplement E (specific to T visa adjustments)

If you are not otherwise eligible to adjust status because you entered the U.S. without inspection or violated the terms of a visa, you may qualify under INA Section 245(i) if you are "grandfathered".

What Is 245(i) Grandfathering?

Section 245(i) is a grandfather clause that allows certain people who would normally be barred from adjusting status to do so, provided they have evidence of an old qualifying petition.

245(i) Eligibility Requirements:

• A family-based Form I-130 petition was filed on or before April 30, 2001 for you (you must be the principal or derivative beneficiary)
• The petition was either approved or approvable when it was filed
• You are in one of the following categories:
  
  • January 14, 1998 filing date: No additional physical presence requirement
  • April 30, 2001 filing date: You (the principal beneficiary) must have been physically present in the U.S. on December 21, 2000

• You must still be eligible for an immigrant visa under a family-based, employment-based, special immigrant, or Diversity Visa category
• An immigrant visa must be immediately available to you

245(i) & Derivative Spouses/Children:

• Spouses and children of the principal who were married or born on or before April 30, 2001 are also "grandfathered" and have independent 245(i) rights
• Spouses and children married or born after April 30, 2001 ("after-acquired derivatives") do not have independent 245(i) grandfathering rights; they can adjust only if the principal adjusts under 245(i)

Form Required: Form I-485 with Supplement A (specific to 245(i) adjustments)