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glossary

Adjustment of Status

Also known as: AOS

proceduresMarriage-Based Green CardGreen Card for ChildrenGreen Card for ParentsK-VisaI-485

Definition

The process of getting your green card while you're already in the U.S. — no need to leave and interview at a consulate abroad.

What this actually means

Adjustment of status (AOS) is how you get a green card without leaving the United States. Instead of traveling to a U.S. embassy abroad for an interview, you file your application with USCIS and do the whole thing domestically — biometrics appointment, medical exam, interview (if required), and eventually your green card shows up in the mail.

The form that kicks this off is the I-485, Application to Register Permanent Residence. Most people file it alongside other forms — the I-130 petition from their sponsoring relative, the I-864 Affidavit of Support, and often the I-765 (work permit) and I-131 (travel permit) at the same time. Filing all of these together is called a "concurrent filing" and it's the most efficient approach when you're eligible.

Why it matters

The biggest advantage of adjusting status is obvious: you stay in the U.S. the entire time. You don't have to uproot your life, leave your job, or separate from your family while your case is pending. For many people — especially those who've built lives here — that's a massive deal.

While your I-485 is pending, you can also apply for work authorization (EAD) and a travel permit (Advance Parole). This means you're not stuck in limbo — you can work legally and travel internationally while waiting for your green card.

The alternative is consular processing, where you interview at a U.S. embassy abroad. Neither path is universally "better" — it depends on where you are, your immigration history, and your specific situation.

Who can adjust status

Not everyone physically present in the U.S. is eligible to adjust. The general requirements are:

  • You were "inspected and admitted" or "inspected and paroled" into the U.S. (basically, you entered through an official port of entry)
  • You have an approved or concurrently filed immigrant petition (like the I-130)
  • A visa number is immediately available to you (immediate relatives of U.S. citizens always have one available)
  • You're not subject to any bars to adjustment (certain violations or inadmissibility grounds)

There's an important exception for immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21). Even if you overstayed a visa or worked without authorization, you may still be able to adjust status. That forgiveness doesn't extend to other family preference categories.

Key things to know

  • Processing times vary wildly by field office — anywhere from 8 months to over 2 years depending on where you live
  • You'll need a medical exam (Form I-693) from a USCIS-designated civil surgeon — don't go to just any doctor
  • If you travel outside the U.S. without Advance Parole while your I-485 is pending, USCIS considers your application abandoned. This is one of the most common and most devastating mistakes people make
  • Not every case requires an interview. USCIS has been waiving interviews for certain categories, though policies shift
  • You can file the I-485 concurrently with the I-130 if you're an immediate relative — no need to wait for the petition to be approved first

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