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Maintaining status means fulfilling the purpose for which the Department of State had issued you a visa and following the associated rules and regulations.

Maintaining status helps advance the process of applying for permanent resident status, known as adjustment of status. It means you may get a Green Card without having to go back to your home country for elaborate visa processing.Usually, a person may apply for adjustment of status if –

Usually, a person may apply for adjustment of status if –

• They were lawfully admitted to the United States in the capacity of a non-immigrant.
• Their non-immigrant visa has not expired.
• They have not violated any conditions of their status.
• They have not committed any crimes that might render them ineligible.

Once the form for adjustment of status has been filed, the applicant must wait for approval from USCIS to assume that their status has been changed.

Maintaining Status for Obtaining Adjustment of Status

The applicant must maintain their non-immigrant status, despite being in lawful status and considered eligible for green card. Adhering to the regulations of your lawful status in the U.S. is a safer strategy in case the USCIS denies the I-485 application. In that case, you can easily return to your non-immigrant status. For instance, if an   F-1 student applies for AOS and the application is denied for some reason, they can fall back on their being an F-1 student without endangering their lawful status in the U.S.

Steps for Adjustment of Status

1. Eligibility for Green Card

U.S. immigration laws offer a plethora of ways in which a person can apply for a Green Card. Adjusting status begins with determining whether you fit into a specific immigrant category. The AOS criteria and requirements may vary for several immigrant categories. Thus, it is important to decide which category of immigrants you fall into.

2 Filing Immigrant Petition

The applicant must generally file two forms while applying for a green card —an immigrant petition and Form I-485 (Application to Register Permanent Residence or Adjust Status).

These forms must usually be filled out by the person sponsoring you. However, one may be eligible to file for themselves in certain cases. Some of the most common forms are listed below – 

• Petition for Alien Relative – Form I-130,
• Immigrant Petition for Alien Worker – Form I-140
• Petition for Amerasian, Widow(er), or Special Immigrant –Form I-360

Most categories mandate an approved immigrant petition before the applicant can file Form I-485. While, some categories allow the applicant to file the AOS form I-485 along with the immigrant petition or even while their immigrant petition is still pending.

3.Filing Form I-485

Persons staying within the territory of the US and eligible for adjustment of status may file a Form I-485. Those applying to adjust status to LPR under the Immigration and Nationality Act (INA) section 245(i), must also file a Form I-485 Supplement A along with Form I-485.

4.Submission of Biometric Details

After the filing of forms, the USCIS will mail the applicant for a biometrics services appointment at any nearby Application Support Center. There you will be asked for biometric details such as fingerprints, photograph, and signatures. At ASC the applicant will be required to sign an acknowledgement to confirm the authenticity of the credentials shared.

5 Interview

Upon reviewing the application, the USCIS officials will schedule an interview if necessary.

6. Submit Additional Information

The USCIS might request the applicant to submit some additional evidence in case there were any issues with the information and documents submitted originally.

7.Application Status

The applicant can check the status of their petition online or call USCIS contact center.

8.Final Decision

The final decision of the USCIS is communicated via a written decision notice