The Adjustment of Status Process, Explained
The Adjustment of Status process allows individuals already in the U.S. to apply for a green card without returning to their home country. Idocs helps you navigate this process smoothly and efficiently.
Adjustment of Status allows eligible individuals in the U.S. to apply for lawful permanent resident status without returning to their home country. This process is typically used by those who entered the U.S. on a temporary visa, such as a student or work visa, and wish to become permanent residents.
What Is Adjustment of Status?
Adjustment of Status (AOS) allows eligible individuals in the U.S. to apply for lawful permanent resident status without returning to their home country. Typically, this process is used by those who entered the U.S. on a temporary visa, like a student or work visa, and wish to become permanent residents.
Alternative to AOS: Consular Processing
If you’re outside the U.S., you must apply for a green card through consular processing. Your green card application will be processed by the nearest U.S. consulate or embassy, and you’ll remain outside the U.S. until approval.
When to Consider AOS vs. Consular Processing
| CONSIDER USING ADJUSTMENT OF STATUS IF: | CONSIDER USING CONSULAR PROCESSING IF: |
|---|---|
|
You live in the U.S. and want to spend the next year here. |
You want to spend the next year abroad, and your sponsoring spouse is a U.S. citizen. |
|
Your sponsoring spouse is a green card holder, and you can maintain a valid immigration status in the U.S. for the next 2.5 years. |
Your sponsoring spouse is a green card holder, and you can’t maintain a valid immigration status in the U.S. for at least 2.5 years after filing the family sponsorship form (Form I-130).
|
How to Get a Green Card Through AOS
- Check Your Eligibility:
- Ensure you meet the green card eligibility criteria.
- Wait for Petition Approval:
- USCIS will schedule an appointment to take your fingerprints and eye scan.
- Interview and Further Evidence:
- Receive a Decision:
- USCIS typically issues a decision within 90 days of the interview. Approved applicants will receive a green card by mail.
AOS Costs
- $675
- Biometrics Fee:
- Included in the I-485 fee; waived for refugees
AOS Timeline
- Marriage Green Card:
- Processing takes 10–23 months for the spouse of a U.S. citizen and 13.5–20.5 months for the spouse of a green card holder.
- K-1 to AOS Timeline:
- 10–23 months after K-1 approval, though recent K-1 visa approvals are taking longer.
The Adjustment of Status processing time also varies depending on where in the United States you apply from, so make sure to check your nearest USCIS office’s processing times. Idocs can help you apply faster, and easier, with guaranteed approval or your money back. Get started today!
Requirements for AOS
- Visa Validity:
- Most applicants must have used a valid visa or Visa Waiver Program for their most recent U.S. entry.
- Lawful Status:
- Applicants generally must be in lawful status when applying.
- No Cap for Immediate Relatives:
- There is no cap on green cards for spouses and immediate relatives of U.S. citizens.
Understanding the 90-Day Rule
If you apply for AOS within 90 days of arriving in the U.S., USCIS may assume you misrepresented your intentions if your visa doesn’t allow dual intent. Waiting more than 90 days before applying can reduce the risk of complications.
Checking Your AOS Status
You can check for updates on your green card application by entering your case number on the USCIS website. This will provide you with information and updates throughout your green card application, including when the green card has been approved.
After Approval
Once your AOS application is approved, you’ll receive your green card by mail, allowing you to work, live, and travel freely in the U.S. If you’ve recently married, you might receive a conditional green card that requires upgrading after two years. Citizenship eligibility generally follows 3–5 years of being a green card holder, provided you meet all other requirements.
Avoid foreign travel during the AOS process without an advance parole document, as this can lead to your application being considered abandoned.
Adjustment of Status FAQs
The adjustment of status process is the process by which a foreign national who is already in the United States can apply for lawful permanent resident status (a green card). To be eligible for adjustment of status, an individual must have been inspected and admitted or paroled into the United States, must be eligible to receive an immigrant visa, and must not be inadmissible to the United States.
To be eligible for adjustment of status, an individual must have been inspected and admitted or paroled into the United States, must be eligible to receive an immigrant visa, and must not be inadmissible to the United States.
To apply for adjustment of status for parents who currently reside in the United States, you must file Form I-130 (Petition for Alien Relative). Once your I-130 is approved, you will submit Form I-485 (Application to Register Permanent Residence or Adjust Status).
There are a number of ways to determine if you are eligible for adjustment of status. You can consult with an experienced immigration attorney or you can review the eligibility requirements on the U.S. Citizenship and Immigration Services (USCIS) website.
There are a number of benefits to adjusting your status, including being able to remain in the United States while your application is pending, being able to work in the United States without having to obtain a separate work permit, and having your spouse and unmarried children under 21 years of age included in your application.
The first step in adjusting your status is to file an I-130 (Petition for Alien Relative) and then Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. This application must be accompanied by supporting documentation, including evidence that you are eligible for an immigrant visa and that you are not inadmissible to the United States.
After you file your application, USCIS will review your case to determine if you are eligible for adjustment of status. If USCIS determines that you are ineligible for adjustment of status, they may deny your application or refer your case to Immigration Court for removal proceedings. If USCIS determines that you are eligible for adjustment of status, they will schedule you for an interview at a local USCIS office.
At your interview, a USCIS officer will ask you questions about your application and your eligibility for adjustment of status. The officer may also ask you questions about your background and personal history. It is important to be honest and forthcoming during your interview, as any misrepresentations or false statements could result in your application being denied or referred for removal proceedings.
After your interview, the USCIS officer will make a decision on your case. If the officer approves your application, you will be issued a green card and will become a lawful permanent resident of the United States. If the officer denies your application, you may appeal the decision or file a motion to reopen or reconsider your case. You may also be placed in removal proceedings if the officer believes that you are ineligible for adjustment of status or if you have made false statements during your interview.
Generally, yes. If you have applied to adjust your status while in the U.S. and your application is pending, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.
Adjustment of status is a process used by certain foreign nationals already in the United States to apply for permanent residence. Consular processing involves applying at a U.S. embassy or consulate abroad for an immigrant visa. Learn more here.
Generally, no. If you leave the United States while your application is pending, USCIS will consider that you have abandoned your application and it may be denied. However, there are some exceptions, such as if you have received permission to travel from USCIS or if there is an emergency situation that requires you to travel.