A Boston Visa Attorney specializing in AOS transforms a stack of forms into a strategically prepared case, minimizing delays and mitigating risks of denial—risks that can lead to separation or even removal proceedings.

I. Understanding Adjustment of Status (AOS): The Local Process

Adjustment of Status (AOS) is the process of changing your immigration status from a nonimmigrant (like F-1, H-1B, or K-1) to a lawful permanent resident (Green Card holder) while remaining physically present in the U.S.

1.1. 🔑 The Role of the I-485 Application

The Form I-485 is the main application for AOS. It is filed along with various supporting documents, including the petition (e.g., I-130 for family, or I-140 for employment) and applications for work authorization (I-765) and travel document (I-131). An experienced AOS Lawyer Boston ensures all these components are filed simultaneously in a professionally indexed packet.

1.2. The Local USCIS Boston Field Office Procedures

While federal law governs AOS, the interview and final adjudication occur locally. Your Boston Visa Attorney provides crucial local insight:

• Interview Preparation: Conducting mock interviews based on common questions asked by local USCIS officers in Boston.

• Evidence Preferences: Knowing the specific types of evidence the local office favors, particularly for marriage-based cases, to prove the relationship is bona fide.

II. Strategic AOS Pathways: Family, Work, and Asylum

The AOS process depends entirely on the pathway you qualify under. A Boston Visa Attorney helps select and execute the most reliable strategy.

2.1. 💍 Family-Based Adjustment of Status

This pathway is the most common and includes immediate relatives (spouses, parents, and children of U.S. citizens).

• Marriage-Based AOS: The lawyer’s expertise lies in anticipating fraud skepticism. We help gather evidence of shared life (commingled finances, joint leases, affidavits) to successfully navigate the scrutiny.

• Visa Bulletin Management: For preference categories (non-immediate relatives), the AOS Lawyer Boston manages the complex Visa Bulletin to ensure the application is filed only when the applicant's priority date is current, avoiding rejection.

2.2. 💼 Employment-Based Adjustment of Status

For professionals in the Boston tech and academic sectors, AOS often follows approval of the I-140 employment petition.

• Concurrent Filing: The attorney advises on whether the I-485 can be filed concurrently with the I-140 (when dates are current), accelerating the process significantly.

• Maintaining Status During AOS: The lawyer ensures the applicant maintains their nonimmigrant status (e.g., H-1B, L-1) until the AOS is complete, preventing dangerous status gaps.

III. Mitigating Risks: When AOS Becomes Complex

A "simple" AOS case can quickly derail into a disaster without expert counsel. An AOS Lawyer Boston specializes in managing complications that trigger Requests for Evidence (RFEs) or denials.

3.1. The Dangers of Unlawful Presence

Unlawful presence (overstaying a visa) can make an applicant inadmissible. The attorney’s role is to determine if the applicant is protected by:

• INA § 245(i) Protection: A critical, complex provision that allows certain applicants to adjust status despite minor violations.

• Immediate Relative Exception: Confirming that immediate relatives of U.S. citizens (spouses, parents, minor children) are exempt from certain bars to admissibility.

3.2. Managing Misrepresentation and Criminal History

If the applicant has a past criminal record or past fraud allegations, the Boston Visa Attorney must address these issues preemptively:

• Waiver Strategy: Preparing and filing the necessary Waiver of Inadmissibility (I-601 or I-212) before the I-485 decision, or utilizing the 212(h) waiver for criminal grounds.

• Concurrent Filings: The lawyer manages the complex interplay between the AOS application and any required waivers.

IV. Conclusion: Securing Your Status in New England

The stakes of the Adjustment of Status process are too high for errors. A mistake in documentation or an insufficient response during the local interview can lead to a denial, which may plunge the applicant into removal proceedings.

By choosing a dedicated AOS Lawyer Boston, you are securing a legal partner who understands the local environment, streamlines the I-485 process, and provides the strategic defense necessary to turn a potential rejection into a permanent success.

Ensure your path to the Green Card is secure. Contact a trusted Boston Visa Attorney specializing in Adjustment of Status today.