Understanding Adjustment of Status in U.S. Immigration Law

 One of the most common pathways to permanent residency in the United States is through Adjustment of Status (AOS). This process allows an eligible applicant to apply for a green card while remaining inside the U.S., avoiding the need to return to their home country.

Who Can Use Adjustment of Status?

• Immediate relatives of U.S. citizens (spouses, children, parents)

• Employment-based visa holders transitioning to green card

• Refugees and asylees

• Diversity visa lottery winners

• Special immigrant categories (e.g., VAWA, U-visas)

Key Requirements:

1. You must be physically present in the U.S.

2. You must have entered the country legally (with few exceptions)

3. A visa must be available in your category

4. You must not be inadmissible for reasons like criminal history or fraud

Steps in the AOS Process:

• File Form I-485 with supporting documents

• Attend a biometrics appointment

• USCIS may request additional evidence (RFE)

• Interview at local USCIS office

• Await final decision (can take months)

Benefits of Adjustment of Status:

• No need to return home

• Eligible for work permit (EAD) while waiting

• Can apply for travel document (Advance Parole)

• Path to U.S. citizenship after green card

Common Mistakes:

• Failing to maintain lawful status

• Leaving the U.S. without permission

• Incomplete or inaccurate forms

• Missing USCIS notices

Tip: Working with an immigration attorney can help prevent costly delays or denials.