Adjustment of Status VS. Change of Status

Navigating the complexities of U.S. immigration laws can be daunting, especially when dealing with the terms "Adjustment of Status" (AOS) and "Change of Status" (COS). While these processes might seem similar, they serve different purposes and have distinct requirements. This article will help clarify the differences, making it easier to understand which process is appropriate for your situation.

Adjustment of Status VS. Change of Status :

What is Adjustment of Status?

Adjustment of Status refers to the process through which an individual already in the United States can apply for permanent residency, commonly known as a Green Card. Whoever is sponsoring your petition, be it a family member or an employer, needs to file an immigration petition for you so you can get a green card by way of status adjustment. Concurrent filing may also be necessary, depending on your status adjustment category. This means you yourself may also have to file an application to adjust status or register permanent residence through a Form I-485. Take note, though, that this form cannot be filed until there is an available visa number. After you file your adjustment of status application, you will be required to go to your biometrics appointment  and undergo an interview with USCIS Officer (depending on the basis for your green card). If USCIS approves your I-485 petition, you will receive an approval notice, your status in the United States will be adjusted to that of legal permanent resident and you will receive your Green card.

Key Points about AOS:

Eligibility: AOS is generally available to individuals who have entered the U.S. legally and meet specific criteria, such as being an immediate relative of a U.S. citizen, holding an employment-based visa, or being eligible through other special categories.

Application: To apply for AOS, one must file Form I-485 (Application to Register Permanent Residence or Adjust Status) with U.S. Citizenship and Immigration Services (USCIS).

Benefits: One of the main advantages of AOS is that applicants can remain in the U.S. while their application is being processed. Additionally, they may apply for employment authorization and advance parole, allowing them to work and travel while awaiting a decision.

Change of Status

Many make the mistake of assuming that adjustment of status is interchangeable with the change of status. To clarify, status adjustment involves shifting from a non-immigrant status to lawful permanent residency. Change of status, on the other hand, is shifting from one non-immigrant status to another non-immigrant status, e.g. a seasonal worker with an H visa may switch to an F-1 student visa after being accepted to a US university. Both Change of Status and Adjustment of Status require that the petitioner is already in the US. If they are outside the United States, then those terms can’t be used. In that case, the person would be applying for a new visa.

Keep in mind that you have to file your application for change of status before your current visa expires or you open yourself to the possibility of deportation. Until you’ve achieved a change in visa status, your actions must also remain congruent with your current status. If you’re on a work visa, do not start schooling while still waiting to hear from USCIS (United States Citizenship and Immigration Services) about your request of status change.

Key Points about COS:

Eligibility: To be eligible for COS, individuals must be in lawful non-immigrant status at the time of application and must not have violated the conditions of their current status.

Application: The primary form for COS is Form I-539 (Application to Extend/Change Nonimmigrant Status), which must be filed with USCIS.

Restrictions: COS applicants are generally required to maintain their current status until the new status is approved. This means that, unlike AOS applicants, they may not have the same flexibility to work or travel during the processing period.

Understanding the differences between Adjustment of Status VS. Change of Status is crucial for anyone navigating the U.S. immigration system. While both processes involve changing an individual's immigration status, their purposes, eligibility requirements, and procedures vary significantly. Whether you are seeking to become a permanent resident or simply need to switch your temporary visa category, knowing which process to pursue can help ensure a smoother and more efficient experience. If you're uncertain about which path is right for you, consulting with an immigration attorney can provide valuable guidance tailored to your specific situation.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.