Adjustment of Status Reference Guide

Adjustment of Status (AOS) is the process that allows eligible individuals already in the United States to apply for lawful permanent residence (a “green card”) without having to return to their home country. Unlike Consular Processing—which requires applicants outside the U.S. to complete their interviews at a U.S. embassy or consulate—AOS happens almost entirely on U.S. soil.

For many families and couples, AOS offers greater convenience and continuity of life in the U.S. If you’re married to a U.S. citizen or permanent resident, or if you’re the child or parent of a U.S. citizen, you may qualify for AOS. At Occam Immigration, we simplify this process by providing fast, thorough legal support and leveraging our Fast-Track-to-Filing Program, designed to get your application on file within 30 days.

#Who Qualifies for Adjustment of Status?

The specific eligibility rules for AOS vary depending on family relationships, visa category, and whether you entered the U.S. lawfully. Below are common eligibility requirements and considerations:

1. Lawful Entry into the U.S.
   • In most family-based cases, you must have been inspected and admitted or paroled into the U.S.
   • Certain individuals with humanitarian parole, U or T status, or under specific protections might be eligible to adjust despite not having a standard admission record.
2. Qualifying Family Relationship
   • Spouse of a U.S. citizen or lawful permanent resident.
   • Parent of a U.S. citizen (the citizen child must generally be at least 21 years old).
   • Unmarried child (under 21) of a U.S. citizen.
   • Other close relatives, depending on preference categories.
3. No Bars to Adjustment
   • Criminal history, immigration violations, or health-related issues can create obstacles. Some individuals may still qualify if they are eligible for certain waivers of inadmissibility.
4. Visa Availability
   • For “Immediate Relatives” of U.S. citizens (spouses, parents, and unmarried children under 21), visas are always “immediately available.”
   • For family preference categories (e.g., spouses of permanent residents, siblings of U.S. citizens, etc.), you must check the Visa Bulletin to ensure a visa number is available.

If you’re uncertain about eligibility, Occam Immigration can assess your case. We offer consultations to help you understand if you’re AOS-ready or if you need to explore other routes, such as Consular Processing.

#Step-by-Step: The Adjustment of Status Process

#Establishing the Relationship (I-130 Petition)

For most family-based green cards, you’ll need an approved Form I-130 (Petition for Alien Relative). Here’s how it generally works:

• The Sponsor (Petitioner): Must be a U.S. citizen or lawful permanent resident.
• Filing the Petition: You’ll submit evidence proving the qualifying relationship (e.g., marriage certificate, birth certificate).
• Concurrent Filing: If you’re an immediate relative of a U.S. citizen, you can often file your I-130 and I-485 (Adjustment of Status application) at the same time. This is known as concurrent filing and can speed up the process.

Pro Tip: With our Fast-Track-to-Filing Program, we can typically assemble a complete I-130 + I-485 package in 30 days or less, provided you’re able to quickly gather your supporting documents.

#Submitting Your Adjustment of Status Application (Form I-485)

Form I-485 is the heart of the AOS process. It includes detailed questions about your background, immigration history, and eligibility for a green card. You’ll submit:

• Evidence of Eligibility (e.g., marriage certificate, proof of status, proof of continuous residence).
• Proof of Lawful Entry (I-94 record, passport entry stamp, or other).
• Financial Support Documents (I-864, Affidavit of Support, from your petitioner to show you won’t become a public charge).
• Filing Fees (currently $1,225 for most adult applicants, though fees can change).

#Biometrics Appointment

A few weeks after filing, USCIS will schedule you for a biometrics appointment at an Application Support Center. You’ll provide:

• Fingerprints
• Photograph
• Signature

This step is primarily for background and security checks. It’s generally quick and straightforward.

#Work and Travel Authorization (Forms I-765 and I-131)

If you want to work or travel while your green card application is pending, you can file:

• Form I-765 (Application for Employment Authorization)
• Form I-131 (Application for Travel Document)

In most family-based green card cases, you can file these forms concurrently with your I-485. After approval, you’ll receive an Employment Authorization Document (EAD) and possibly an Advance Parole travel document.

#The Interview

Most AOS applicants will have an in-person USCIS interview at a local field office. During the interview:

• Identity Verification: You’ll present original documents (passport, birth certificate, marriage certificate, etc.).
• Relationship Questions: If applying based on marriage, a USCIS officer may ask about your relationship to ensure it is genuine (bona fide).
• Background Check: You’ll review and confirm answers from your I-485 form.

Occam Immigration provides interview preparation to help you address common questions and avoid mistakes. After the interview, you may receive immediate approval, or the officer may request additional evidence.

#Decision and Green Card Issuance

If approved, your green card usually arrives by mail within a few weeks. You’ll gain:

• Permanent Resident Status
• Ability to work and travel without separate documents
• Pathway to U.S. citizenship (after meeting statutory residence and other requirements)

#Processing Times and What to Expect

AOS processing times vary widely based on:

1. USCIS Field Office Workload
   • Some offices handle more applications and have longer backlogs.
2. Type of Relationship
   • Immediate relatives of U.S. citizens may see faster processing than family preference categories.
3. Completeness of Application
   • Missing documents or incomplete forms lead to delays (RFEs—Requests for Evidence).

In recent years, the average timeframe for a family-based AOS (immediate relative) can range from 10 to 18 months. With our Fast-Track-to-Filing Program, we help ensure you file promptly and avoid unnecessary delays, but once your application is with USCIS, processing times are partly beyond our control.

#Common Challenges in the AOS Process

#Inadmissibility Issues

Certain criminal convictions, prior immigration violations, or health conditions can lead to ineligibility. That doesn’t always mean the door is closed—waivers are sometimes available. Occam Immigration can assess your need for a waiver and guide you through the waiver application process if needed.

#Financial Support Requirements

Your petitioner must meet income thresholds for the Affidavit of Support (I-864). If their income is insufficient, you may need a joint sponsor to prevent denial based on public charge concerns.

#Timing & Gaps in Status

• If your temporary visa status ends or you overstay, you could face complications.
• Some categories allow for AOS even after a period of unlawful presence, but it depends on eligibility rules. Always speak to an immigration attorney if you’re concerned about out-of-status issues.

#Proving a Bona Fide Marriage

For marriage-based applicants, you must show the marriage is genuine and not for immigration benefits. This can include shared financial documents, lease or mortgage agreements, photographs together, or even affidavits from friends and family.

#Requests for Evidence (RFEs)

A missing or unclear document can trigger an RFE, delaying your case. Working with an experienced attorney helps ensure your initial application is complete and persuasive.

#Maintaining Status During AOS

Once you’ve filed your I-485, you receive “AOS Pending” status, which gives you some protections. However, it’s critical to maintain or extend any existing visa status if possible, especially if your AOS application might face delays.

• Traveling Abroad: You generally need an approved Advance Parole document if you depart the U.S. while your AOS is pending (unless you’re on certain valid dual-intent visas like H-1B or L-1). Departing without Advance Parole can result in abandonment of your green card application.
• Working in the U.S.: If you do not have a dual-intent visa status (H-1B, L-1) that allows employment, you must wait for an Employment Authorization Document (EAD) to work legally in the U.S.

#A Note on Consular Processing (CP)

If you’re outside the U.S. or otherwise ineligible for AOS, you’ll likely apply via Consular Processing. This involves the National Visa Center (NVC) and a final interview at a U.S. embassy abroad. You can learn more on our dedicated Consular Processing Master Page.

For more information, see our Marriage-Based Green Card service page or our Consular Processing reference guide. If a waiver may be needed, see our Waiver service page. If you are a survivor of domestic abuse filing through VAWA, see our VAWA self-petition page.