Part 4 – Adjustment of Status (AOS)
Part 4 – AOS Applying for a Green Card After Arriving as a Tourist
Welcome to the Law Offices of Chris M. Ingram. We’re delighted to have you review part four of our Fiancé (e) Visa and Green Card by Marriage series. In this presentation, we are going to talk about applying for your green card while in the US.
For many people, the whole idea of possibly being separated from their loved one any longer than is absolutely necessary, is unbearable. So any talk of having to be away for up to another nine months, or having to face more expensive flights back and forth is unacceptable. ‘Surely, there must be a better way’, they ask.
In most cases, US Immigration does allow an alien fiancé (e) who arrives lawfully in the US and, after arrival, the couple decide to get married, or if they’re already married, to stay in the US, to successfully file all the paperwork in the US, rather than filing in their home country. However, this will depend on which country the alien is from.
Whilst these applications can go through successfully, it is more risky. The risk is diminished somewhat if the alien has no criminal history whatsoever, and has no communicable disease, so these background checks are cleared during the immigration processing in the US.
Truth is, US Immigration disapproves of aliens jumping the queue this way, especially given the potential security risks. What if the alien does have a criminal past? That means US Immigration would be required to track him or her down, and possibly commence the deportation proceedings against them. All this being said, if the alien is, by that time, married and has no convictions etc, US Immigration will typically issue the green card anyway. Our overwhelming experience over the last ten years has been a positive outcome, although granted, our clients are typically European, Canadian and Australian. We would discourage any client coming from outside those areas from entering the US without first obtaining a K-1 or K-3 visa, or an Embassy/Consular issued green card.
The process of entering as a non-immigrant and then applying for immigrant / green card status is called an Adjustment of Status (AOS). The AOS option is a very popular one with our clients, because it removes the long wait time of the K-1 visa, K-3 visa or Embassy/Consular issued green card, and enables them to come in to the US in their own time frame and with more certainty.
There are, however, some drawbacks to weigh-in. While your green card application is being processed, you typically cannot travel back home until your green card is issued. If you chose to travel before this, you could create serious complications for your case, some of which could render you to be barred from coming back in to the US, depending on any number of triggering circumstances.
US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
Tel: 310 496 4292
Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.
Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank You.
Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.
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It will take about 6 months to get your green card through the AOS process. So, best advice – stay put no matter what until your green card is issued. If you feel you simply cannot stay put, or there might be a risk of you having to suddenly leave the US, then do not go through the AOS process, but instead obtain your green card by marrying in your home country.
The AOS option should not be entered into lightly, and one certainly could not broadcast this intention of marriage upon arrival under the Visa Waiver Program, as to do so would most likely result in your immediate deportation. Any intention to stay in the US can only be formed sometime after your arrival in the US, where your intention at the time of arrival was only to stay for a short period.
Proving when anyone’s intentions change is almost impossible to divine without evidence. As a law firm we can only advise people to follow the law. However, we understand that people change their minds all the time, and the law does make allowances for this – they don’t advertise it – but the law is clear and does permit it.
This concludes our presentation on Fiancé (e) Visas and Green Card by Marriage. We very much look forward to working with you in whatever course of action you decide to take. Our goal will be to provide you with excellent advice, assistance and support from your first free consultation until your green card is in your hand. Please contact us today so we can get you started on your American Dream.