How Much Does Adjustment of Status Cost?

Navigating the Adjustment of Status process can be complex, especially when it comes to understanding the associated costs. At Law Offices of Jeffrey A. Thompson, we often receive questions about the financial aspects of this important immigration procedure.

This blog post breaks down the various expenses involved in Adjustment of Status, from USCIS filing fees to additional costs you might not have considered. We’ll provide a comprehensive overview to help you budget effectively for this life-changing process.

What Is Adjustment of Status?

Definition and Purpose

Adjustment of Status (AOS) is a pivotal process in U.S. immigration law. It allows eligible individuals to apply for lawful permanent resident status (green card) without leaving the United States. This process transforms an individual’s immigration status while they remain within U.S. borders.

Eligibility Criteria

The eligibility for AOS is specific and varies based on individual circumstances. Applicants must be physically present in the U.S. and have entered the country legally. Common eligible categories include:

1. Immediate relatives of U.S. citizens
2. Employment-based immigrants with approved petitions
3. Certain special immigrants

It’s important to note that not all visa holders can adjust status. For example, individuals who entered on a K-1 fiancé visa must marry their U.S. citizen petitioner within 90 days of entry to be eligible for AOS. Those who entered on B-1/B2 visitor visas may face scrutiny under the 90-Day Rule if they apply for AOS shortly after arrival.

Advantages of Adjusting Status

Opting for AOS offers several benefits:

1. Applicants can remain in the U.S. during the green card process.
2. It eliminates the need to return to their home country for consular processing.
3. AOS applicants can often apply for work authorization and travel documents while their case is pending.

According to USCIS data, the average processing time for AOS applications varies. USCIS provides reports on the number of forms received, processed, approved, denied, and pending by month, along with the average processing time and other relevant information.

The AOS Process

The AOS process involves submitting Form I-485 along with supporting documentation. As of December 10, 2024, USCIS requires that Form I-693 (medical examination results) be filed concurrently with Form I-485. This new requirement underscores the importance of thorough preparation and timely submission of all necessary documents.

Fee Structure and Challenges

One of the most significant challenges in the AOS process is understanding the complex fee structure. As of April 1, 2024, the filing fee for Form I-485 is $1,440 for applicants aged 14 and older. Additional fees may apply for associated forms such as I-765 (Employment Authorization) and I-131 (Advance Parole).

Understanding these fees and preparing a comprehensive application package can minimize the risk of delays or denials, which can be costly both financially and in terms of time. As we move forward, it’s essential to break down the specific costs associated with the Adjustment of Status process to provide a clear picture of the financial commitment involved.

What Are the Specific Costs of Adjustment of Status?

USCIS Filing Fees

The U.S. Citizenship and Immigration Services (USCIS) filing fees constitute a major portion of Adjustment of Status (AOS) expenses. As of April 1, 2024, the fee for Form I-485 (Application to Register Permanent Residence or Adjust Status) is $1,440 for applicants 14 years and older. Applicants under 14 filing with a parent’s I-485 pay a reduced fee of $950.

Additional forms may be necessary depending on individual circumstances. Form I-765 (Application for Employment Authorization) costs $260 when filed with Form I-485. Form I-131 (Application for Travel Document) has a fee of $630. USCIS fees can change, so applicants should always verify the most current information on the official USCIS website.

Medical Examination Costs

A medical examination is a required component of the AOS process. The cost for this examination varies based on the healthcare provider and location. Applicants typically pay between $200 and $500 for the medical exam and required vaccinations. A USCIS-approved civil surgeon must conduct this exam, and the results are documented on Form I-693.

USCIS now requires Form I-693 to be submitted concurrently with Form I-485 (as of December 2, 2024). This change highlights the importance of early scheduling and completion of the medical examination in the AOS process.

Legal Representation Expenses

Many applicants opt to hire an immigration attorney to navigate the complex AOS process, although it is not mandatory. Attorney fees can vary widely based on case complexity and the attorney’s experience. On average, legal fees for AOS cases range from $2,000 to $5,000.

Professional legal guidance can often prevent costly mistakes or delays in the application process, potentially saving money in the long run. Attorneys can provide valuable expertise in immigration law and work towards achieving favorable outcomes for their clients.

Additional Costs to Consider

Applicants should also factor in other potential expenses:

1. Document translation services (if required)
2. Photocopying and mailing costs
3. Travel expenses for interviews or appointments
4. Potential fees for additional evidence or documentation

These supplementary costs can add up, so it’s important to include them in the overall budget for the AOS process.

As we move forward, we’ll explore strategies to manage these costs effectively and discuss potential fee waivers or reductions that may be available to eligible applicants.

Hidden Costs in Adjustment of Status

Document Translation Expenses

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Administrative and Mailing Costs

AOS applications involve substantial paperwork. Photocopying fees for supporting documents can accumulate quickly. Many applicants spend $50 to $100 on photocopying alone. USCIS recommends trackable mailing services, which cost $20 to $30 per package. Multiple packages or responses to Requests for Evidence (RFEs) can multiply these costs.

Travel and Accommodation Expenses

Biometrics appointments or interviews may require travel, especially if you live far from a USCIS office. Budget for transportation, including potential airfare, car rentals, or public transit. Overnight stays might necessitate hotel costs. Applicants often spend $200 to $1,000 on travel-related expenses throughout the AOS process.

Unexpected Document Requests

USCIS might request additional evidence or documentation during the application review. These requests can lead to unforeseen expenses for obtaining, translating, or expediting required documents. Set aside funds for potential document retrieval or rush processing fees.

Legal Consultation Fees

While not mandatory, many applicants seek legal advice to navigate the complex AOS process. Initial consultations with immigration attorneys can cost between $100 and $300. Full legal representation for an AOS case typically ranges from $2,000 to $5,000, depending on case complexity and the attorney’s experience.

Final Thoughts

The Adjustment of Status cost represents a significant investment in your future in the United States. The total expense can range from $3,000 to $7,000 or more, depending on individual circumstances. This amount includes USCIS filing fees, medical examination costs, legal representation, and various hidden expenses such as document translation and travel costs.

We at Law Offices of Jeffrey A. Thompson understand the complexities and financial considerations involved in the Adjustment of Status process. Our experienced team provides comprehensive guidance to help you navigate this journey efficiently. We offer expert assistance in preparing your application, ensuring all necessary documents are in order, and representing your interests throughout the process.

Our goal is to streamline your path to permanent residency while helping you manage the associated costs effectively. With proper planning and professional support, you can approach this process with confidence. You will take the right steps towards achieving your immigration goals.