What are the Benefits of Applying for an Adjustment of Status?
Needless to say, the basic benefit of applying for adjustment of status is that the alien has reached the final step of getting a green card. Once the application is approved, the alien gains permanent resident status in the United States.
In addition, there are three other major benefits during the pending period of adjustment of status:
- The alien may simultaneously apply for Advance Parole; and
Advance Parole allows an alien to travel abroad during the pending period of his or her adjustment of status application, without abandoning the Benefits associated with applying for an adjustment of status. If you have advance parole, you do not need to apply for a non-immigrant visa to return back to the U.S. Also, in some situations (such as for holders of H or L visas) advance parole is not required at all and the alien is able to travel outside of the U.S. without the USCIS considering their AOS application abandoned. For more details regarding Advance Parole, please click here.
- The alien may also apply for a Work Permit.
The Work Permit allows an alien to work for any employer in the United States during the pending period of his or her adjustment of status application. For more details regarding a Work Permit, please click here (link to “What is an Employment Authorization Document” article).
- The alien may stay in the U.S. legally without a valid non-immigrant status while their adjustments of status are pending. We would suggest that one should keep his or non-immigrant status even though their adjustment status application is pending. However, an adjustment of status gives an alien a legal stay in the U.S.