The Adjustment of Status (AOS) process allows eligible immigrants already in the United States to apply for lawful permanent residence—commonly known as a green card—without returning to their home country. Understanding how this process works is essential if you plan to transition from a temporary visa to permanent resident status.
Who Can Use Adjustment of Status?
To be eligible, you must:
- Be physically present in the U.S.
- Have entered the U.S. legally (in most cases)
- Be eligible for an immigrant visa category (e.g., family, employment, asylum, special programs)
- Have a visa number available at the time of filing
The most common categories for AOS include:
- Immediate relatives of U.S. citizens (spouse, child, or parent)
- Employment-based visa holders
- Refugees or asylees after one year of presence
Steps in the Adjustment of Status Process
- Determine Eligibility
Before filing anything, make sure you’re eligible under one of the USCIS immigrant categories. The Visa Bulletin, published monthly by the Department of State, helps determine when you can apply based on your priority date.
- File Form I-485
This is the official Application to Register Permanent Residence or Adjust Status. You’ll submit it to USCIS along with supporting documents such as:
- Medical examination (Form I-693)
- Birth certificate
- Marriage certificate (if applying as a spouse)
- Proof of lawful entry (I-94)
- Affidavit of support (Form I-864, if required)
- Attend Biometrics Appointment
USCIS will schedule a biometric services appointment to collect your fingerprints, photo, and signature.
- Attend Green Card Interview
Many applicants must attend an interview at a USCIS field office. During this interview, an officer will verify your eligibility and review your documentation.
- Receive Decision
If approved, USCIS will mail your green card. If denied, you may be able to appeal or reapply depending on the circumstances.
Benefits of Adjustment of Status
- No need to return to your home country
- Ability to remain in the U.S. while your case is processed
- Option to apply for employment authorization (EAD) and advance parole travel document
Common Pitfalls to Avoid
- Submitting incomplete or incorrect forms
- Failing to attend your biometrics or interview appointments
- Filing before your priority date becomes current
- Unauthorized work (in some cases, this can disqualify you)
How Long Does It Take?
Processing times vary, but most AOS cases take 8–14 months. Employment-based or special programs may move faster depending on visa availability.
Conclusion
Adjustment of Status is a powerful tool for those already in the U.S. seeking permanent residency. Filing correctly and on time, and following all steps carefully, increases your chances of success.