What is Adjustment of Status Immigration

Adjustment of Status (AOS) is the process that allows eligible immigrants already in the United States to apply for a Green Card (permanent residency) without having to leave the country. This process is an alternative to consular processing, which requires applicants to apply for their Green Card from outside the U.S. and you can take this process with Tingen Law.

Not all immigrants are eligible for AOS. Generally, applicants must have entered the U.S. legally and be in a visa category that allows for adjustment. Common examples include spouses of U.S. citizens, K-1 fiancé visa holders who have married, and certain employment-based or humanitarian applicants.

Who Can Apply for Adjustment of Status?

Immediate Relatives of U.S. Citizens (No Wait Time!)

• Spouses, parents, and unmarried children under 21 of U.S. citizens.
• They can file Form I-485 (Adjustment of Status) at the same time as Form I-130 (Petition for Alien Relative) since visas are always available for this category.

Family & Employment-Based Immigrants

• Must wait for a visa to become available in their category before applying for AOS.

Fiancé Visa Holders (K-1 Visa)

• Must marry the U.S. citizen within 90 days of entry, then apply for AOS to obtain a Green Card.

Asylees & Refugees

• Can apply for AOS after one year of being granted asylum or refugee status.

Other Humanitarian Status Holders

• Certain visa holders, like Special Immigrant Juvenile Status (SIJS), U visa, and T visa holders, can apply for AOS, but they must meet the specific requirements of their visa category.

Who Cannot Apply for AOS?

• Those who entered the U.S. illegally (exceptions apply, such as for certain family-based applicants under 245(i) or humanitarian protections).
• Certain visa holders, such as C (transit) and D (crew member) visas, and J visa holders with a two-year residency requirement, unless they obtain a waiver.
• Applicants with serious criminal records or who violated immigration laws may be ineligible.

Each case is unique, and eligibility depends on multiple factors, including immigration history and visa category.

How to Apply for Adjustment of Status

Step 1: File Form I-485 (Application for a Green Card)

To begin the Adjustment of Status process, applicants must file Form I-485 with USCIS.

• Filing Fee: Check uscis.gov for current fees (includes biometrics, work permit, and travel authorization).
• Processing Time: Varies; check USCIS for the latest updates.
• Documents Needed:Passport and U.S. visaI-94 travel record (proof of legal entry)Birth certificateMedical exam results (Form I-693)Marriage certificate (if applying through a spouse)

Step 2: File Additional Forms (If Needed)

Depending on the case, additional forms may be required:

• Form I-130 (if applying for a family-based Green Card)
• Form I-765 (Application for a Work Permit) – no extra fee if filed with Form I-485
• Form I-131 (Advance Parole) – allows travel while the Adjustment of Status is pending

Step 3: Attend Biometrics Appointment

• USCIS will schedule an appointment to collect fingerprints, a photograph, and a signature for background checks.

Step 4: Attend the Green Card Interview

• Most applicants must attend an interview at a USCIS office.
• A USCIS officer will ask questions about your application, immigration history, and background.
• Bring original documents for verification.

Step 5: Receive Your Green Card

• If approved, USCIS will mail your Green Card. If applying through marriage and married for less than two years, you will receive a Conditional Green Card, valid for two years. To remove conditions, you must file Form I-751 before it expires.

Following these steps carefully ensures a smoother process and increases the chances of approval.

                                                                                 Common Issues & Solutions

Long Processing Times: USCIS processing times for Adjustment of Status (AOS) vary based on application volume and location. To track your case, check current wait times on uscis.gov.

Marriage Fraud Concerns: If applying for a marriage-based Green Card, USCIS may scrutinize the relationship for fraud. To strengthen your case, submit clear proof of a genuine marriage, such as:

• Photos together from different times and places
• Joint bank accounts, leases, or utility bills
• Affidavits from friends and family confirming your relationship

Traveling While AOS is Pending: Leaving the U.S. without permission while your AOS is pending can result in your application being denied. To travel legally, file Form I-131 (Advance Parole) and wait for approval before departing.

Addressing these common challenges proactively can help prevent delays or denials in the Adjustment of Status process.

Conclusion

Adjustment of Status (AOS) allows eligible immigrants already in the U.S. to apply for a Green Card without leaving the country. While immediate relatives of U.S. citizens can apply without waiting for a visa, family-based and employment-based applicants must check visa availability before filing.

Since AOS involves strict eligibility rules and potential challenges, seeking legal guidance can help avoid delays or denials and ensure a smoother path to permanent residency.