For many individuals looking to become permanent residents of the United States, the Adjustment of Status (AOS) process is a crucial step. This procedure allows foreign nationals to apply for a green card without having to leave the U.S. Whether you’re in the U.S. on a temporary visa, or seeking permanent residence through family or employment-based petitions, the costs associated with Adjustment of Status are an important factor to consider. This article will provide a detailed breakdown of the various fees and financial aspects involved in the Adjustment of Status process, from filing fees to medical examinations.
What is Adjustment of Status?
Adjustment of Status (AOS) is the process that allows an eligible foreign national who is already in the United States to apply for lawful permanent resident status (a green card) without needing to leave the country. The AOS process is a crucial path for individuals who wish to remain in the U.S. while their green card application is processed. This procedure is especially popular for individuals on non-immigrant visas, such as H-1B, F-1, or tourist visas, and for those who are already in the U.S. through family or employer sponsorships.
Why is the Adjustment of Status Process Important?
Adjustment of Status is an essential route for individuals who want to transition from temporary status to permanent resident status. The ability to stay in the U.S. during the application process is a significant benefit compared to consular processing, where applicants must leave the country and apply for a green card through a U.S. embassy or consulate abroad.
However, one of the most common concerns for applicants is the cost of Adjustment of Status. Understanding how much the process will cost and what each fee includes can help applicants better plan for this important immigration milestone.
Overview of Costs for Adjustment of Status
The total cost of Adjustment of Status can vary based on a variety of factors, including the applicant’s age, whether they are filing with dependents, and the specific forms they need to submit. Below is a breakdown of the major costs involved in the AOS process:
1. Form I-485: Application to Register Permanent Residence or Adjust Status
The main form for Adjustment of Status is the Form I-485, which is used to apply for permanent residence. The filing fee for Form I-485 varies depending on the applicant’s age and whether they are applying for themselves or with dependents.
- For applicants aged 14 to 78: The filing fee is $1,225. This includes the $1,140 fee for the I-485 form itself, and an additional $85 for biometrics (fingerprints and photos).
- For applicants under 14: The fee is $750 if they are filing with at least one parent.
- For applicants aged 79 and older: The fee is $1,140 with no biometrics fee required.
2. Form I-130: Petition for Alien Relative (if applicable)
If the applicant is adjusting status through a family-based petition, they will need to file Form I-130, Petition for Alien Relative, to establish the familial relationship. The filing fee for Form I-130 is $535. This form is filed by the U.S. citizen or lawful permanent resident family member who is sponsoring the applicant.
3. Form I-765: Application for Employment Authorization (optional)
If the applicant wants to work in the U.S. while their Adjustment of Status application is pending, they can file Form I-765 to request employment authorization. The filing fee for Form I-765 is included in the I-485 filing fee if filed simultaneously, but if filed separately, it costs $410.
4. Form I-131: Application for Travel Document (optional)
Form I-131 is used to apply for a travel document, such as Advance Parole, which allows the applicant to leave and re-enter the U.S. while their AOS application is pending. The fee for Form I-131 is also included in the I-485 filing fee if filed simultaneously, but if filed separately, it costs $575.
5. Medical Examination Fees
One of the mandatory components of the Adjustment of Status process is the medical examination, which must be conducted by a USCIS-approved physician. The fee for the medical examination varies widely depending on the physician and location but generally ranges from $100 to $500. The physician will also provide a sealed medical report that is required for your AOS application.
6. Other Possible Fees
There are other additional costs that applicants may incur during the Adjustment of Status process, including:
- Attorney fees: While not required, many applicants hire an immigration attorney to assist with the AOS process. Legal fees can range from $1,000 to $5,000 or more, depending on the complexity of the case.
- Translations: If any of your documents are not in English, you may need to have them translated. Translation costs can vary depending on the number of documents and the translator’s rates.
- Fingerprinting and biometrics fees: As part of the application, applicants must undergo fingerprinting and biometric processing. This is included in the I-485 fee for most applicants but may require additional costs if not included.
How to Calculate Your Total Adjustment of Status Costs
To calculate the total cost of your Adjustment of Status application, start by adding the basic fees associated with your Form I-485, which include the biometrics fee, if applicable. Then, include any additional forms or documents you need to submit, such as Form I-130 (if applying through family sponsorship) or Form I-765 (if requesting employment authorization).
Next, consider the costs of your medical examination, legal assistance (if you choose to hire an attorney), and any other fees related to translations or additional documents. Keep in mind that if you have dependents who are also applying for Adjustment of Status, you will need to include their respective fees as well.
Common Concerns About Adjustment of Status Fees
1. Can Fees Be Waived?
In some cases, USCIS allows applicants to request a fee waiver. However, fee waivers are only available under specific circumstances, such as if the applicant can demonstrate financial hardship. To apply for a fee waiver, you must submit Form I-912, Request for Fee Waiver, along with your AOS application.
2. Are Fees Refundable?
USCIS generally does not refund fees if your application is denied or withdrawn. Therefore, it is important to carefully prepare your application and ensure all documents and information are correct to avoid delays or denials.
Conclusion
The cost of Adjustment of Status can vary depending on several factors, but understanding the breakdown of these costs is essential for planning your immigration process. While the overall cost may seem daunting, keep in mind that this is a long-term investment in your future as a lawful permanent resident of the United States. Be sure to review all fee requirements, include the necessary documents, and seek professional advice if needed to ensure that your Adjustment of Status application is successful.
Remember, the fees for Adjustment of Status are just one part of the process. Planning ahead and ensuring you meet all requirements can help ease the stress of this complex procedure and lead to a smooth transition to permanent residency.
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