The process for Adjustment of Status, AOS is effective in allowing foreigners, who traveled to the U.S. as a non-immigrant or were paroled into the U.S., apply for permanent resident status without leaving the country's territory.
As mentioned earlier, foreign visitors must first establish they are admissible permanently and satisfy requirements put forth in the consular process before they can attain a permanent resident visa. (See Consular Processing section and Immigration Risk Factors Aliens section).
Additional requirements of the AOS process may also apply and foreigners must comply with these requirements as well. Anyone who does not meet requirements will have to attain a CLPR (Conditional Lawful Permanent Residence) visa through the consular process, which will force the person to leave the U.S. Anyone who enters the U.S. in select non-immigrant statuses will have issues, which ultimately may make their attempt unsuccessful, in adjusting their status to something that is not non-immigration based. Always consult an immigration lawyer about these potential issues before submitting the I-526 petition.
There are several other factors which may make an investor's CPLR eligible family members ineligible for AOS:
- Illegally working in the U.S.
- Not in legal status when they submit to file their AOS application or do not keep legal status prior to approval
- Have been considered out-of-status in previous visits to the U.S.
- Admitted in statuses considered to be non-immigration, i.e. “A”, “G”, “E” or “J”, unless the selected residency status does not require a waiver
- If they have been subject to removal proceedings in the previous 10 years to requesting the AOS
- If they were approved for a visa waiver while seeking AOS
- Acquired a CLPR from being the spouse of a US. citizen, or being the son or daughter of spouse of a U.S. citizen and not having abandoned the CLPR before applying for AOS 8) acquiring entrance to the U.S. temporarily as a non-immigrant and misleading U.S. officials on intended time of departure
If the person admitted to the U.S. with a H-1b, L-1 or O-1 demonstrates intentions to remain in the United States within 60 days of entrance to the U.S., they will be considered attempting mislead their immigration intent. The investment and I-526 petition will be seen by the USCIS as proof of desire to remain in the U.S., therefore resulting in rejection of the AOS request. When this happens, the investor will have to leave the U.S. and attempt to apply for a CLPR visa via consular processing. The investor will likely be asked to request a waiver of exclusion for the previous misleading intentions found from the previous U.S. travels. As mentioned before, all waivers are subject to the opinion of the USCIS and waiver processing is often a long time period.
Applicants will have to submit medical examination results during the AOS review, and will also receive documentation from USCIS on biometric data collection and the interview. The USCIS can also choose to waive the interview.