AOS stands for Adjustment of Status
AOS stands for Adjustment of Status, a process that allows individuals already in the United States to apply for a green card (permanent residency) without having to return to their home country to complete the visa process.
Key Points About AOS:
Who Can Apply:
AOS is typically used by people in the U.S. on a valid non-immigrant visa (like F-1, H-1B, etc.) who become eligible to apply for permanent residency, such as through family-based or employment-based visas like the EB-5 program.
Form I-485:
To initiate the AOS process, individuals file Form I-485 (Application to Register Permanent Residence or Adjust Status) with U.S. Citizenship and Immigration Services (USCIS).
Eligibility Requirements:
The applicant must be physically present in the U.S.
The applicant must be eligible for a green card (e.g., through family sponsorship, employment, or investment like EB-5).
The applicant must have a current visa number available in their category.
Benefits of AOS:
Applicants can remain in the U.S. while their application is being processed.
While waiting, applicants may apply for employment authorization (work permit) and advance parole (permission to travel abroad and re-enter the U.S.).
AOS for EB-5 Applicants:
EB-5 investors who are in the U.S. on another valid visa can file for AOS once their I-526 petition is approved and a visa is available. They then apply for their green card through this process without having to return to their home country for consular processing.
