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:
- You must be physically present in the U.S.
- You must have entered the country legally (with few exceptions)
- A visa must be available in your category
- 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.