I-485 Application to register permanent residence or adjust status with immigration document in background

Adjustment Of Status

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What is Adjustment Of Status?

Adjustment of Status (AOS) is the process for petitioning for a Green Card when you are legally present in the United States and have become eligible to request permanent residency. Adjustment of status occurs within the US, therefore the individual does not have to leave the country at any time during the process. (When someone petitions for a Green Card outside of the US they go through a process called consular processing. During consular processing the Green Card petition is processed by the nearest US Consulate/Embassy and the petitioner remains outside of the US until they receive their Green Card.)

Once AOS is successfully completed, the non-citizen receives a Green Card and thereby now has a Lawful Permanent Resident (LPR) status. A Green Card is the first step to becoming a US citizen; however, an immigrant may be a LPR resident indefinitely and there is no specific requirement for LPRs to petition for their US citizenship.

The AOS process has its own requirements, including timelines, relevant forms and documents, and associated fees. It is, however, important to note that the Green Card eligibility remains the same regardless of what type of process is used to petition for it

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Who is eligible for Adjustment Of Status?

To be eligible to petition for a Green Card via the Adjustment of Status process, an individual must first ensure that they are eligible to petition for a Green Card. Eligibility requirements for a Green Card can be reviewed here. An individual that is eligible for a Green Card is generally eligible to petition via the adjustment of status process as long as they are located in the United States.

What is the adjustment of status application process?

The Adjustment of Status application process can require various steps, and application forms. Once a person establishes their eligibility for a Green Card, they can then begin the AOS process provided they are located inside the United States. First a sponsor must file the requisite petition for the green card on behalf of the individual. (There are, however, certain individuals who can petition on their own behalf.) There are different forms to be used depending on the Green Card category, including for a family Green Card, employment-based application, as well as a humanitarian application. The sponsor must complete the form associated with the relevant category. Once the form has been completed the petition must then be filed with USCIS. The individual must wait for USCIS approval to advance to the next step. The timeline for approval can take months to over a year and is dependent on the factors and circumstances of each case.

Once the petition is approved, the priority date for an available visa must be current before the process can continue. Individuals can check to see if a visa is available (ie. If the priority date for the visa has become current) by going to the USCIS website and checking on the relevant category here. For immediate family members there is no wait; however, other categories often have to wait many years. If and when a visa is available, or the priority date is current for that visa category, then the AOS application can be filed. Most people will often concurrently file petitions for a work permit and/or request for travel documents known as “advance parole” to be able to travel in and out of the US during the AOS processing time. It is important to note that while Advance Parole will allow such travel, it is generally not recommended to travel unless absolutely necessary.

Once the AOS application is received by USCIS, they will mail a receipt notification. This receipt notification will include a receipt number that will be used to track the case and/or communicate with USCIS about a case. USCIS will then send a notification setting up a bio-metrics appointment. The notification will indicate the date, time, and specific location where the bio-metrics (fingerprints and eye scan) will be taken. It is very important to attend the bio-metrics appointment as indicated. Following the bio-metrics appointment, USCIS will continue processing the application. Some applicants may be called for an interview. In some instances, USCIS will request additional information. It is important to respond to all such formal requests as indicated and in the time frame specified by USCIS.

Once USCIS completes the review and assessment of the application, a decision will be rendered that will either approve or deny the application. Approval notice will be followed by a Green Card mailed to the applicant. The AOS process can be complicated and individuals should consult an experienced immigration attorney to assist them in their application.

Adjustment of Status Forms

Application Forms

There are various forms that will need to be completed during the AOS process. These forms may include one or more of the following forms. This is not an exhaustive list and additional forms and documents will also need to be included in the application.

  • Form I-485, Application to Register Permanent Residence or Adjust Status

  • Form I-130, Petition for Alien Relative (Family Green Card)

  • Form I-140, Immigrant Petition for Alien Workers (Employment-based Green Card)

  • Form I-730, Refugee/Asylee Relative Petition (Humanitarian-based Green Card)

  • Form I-765, Application for Employment Authorization

  • Form I-131, Application for Travel Document (Advance Parole)

Adjustment of Status denial

USCIS can deny AOS applications for a variety of reasons. Denials can occur if an individual did not provide required evidence, failed to respond to requests for additional information, and/or if forms were unsigned or incorrectly filled out. In some limited instances, a new Green Card application can be submitted, but this is dependent on the reason for the denial. An experienced immigration attorney should be consulted in such cases. Applications can also be denied if during an in-person interview it was determined that an individual was not, in fact, eligible for a Green Card. If USCIS denies an AOS application, the applicant will no longer have a valid, lawful status in the US. Any employment authorization secured via the AOS process will be invalidated.

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Have Questions About Adjustment Of Status?

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The AOS application processing time can vary and can range from a few months to over 5 years. This is dependent on the type of Green Card being applied for and/or if additional information is requested or mistakes are noted on the application. Additional backlogs that can occur within USCIS offices can also delay processing times. Current processing times can be checked on the USCIS website here. Premium processing is generally not available for Form I-485 but it may be possible to request expedited processing by directly contacting the USCIS Contact Center here. However, contacting USCIS does not guarantee that expedited processing will be granted.

The total cost of AOS application can run over $2300 USD, except for refugees and asylum seekers who do not have to pay any filing fees. The fees associated with the AOS applications can change and it is important to check the latest filing fees and costs at the time of filing. Incorrect fees can cause delays to the application process.

Individuals can request something called “advance parole” which will provide them with travel documentation allowing travel out of and back to the US. Travel outside of the US should not be carried out without advance parole. Leaving the country without advance parole will be considered an abandonment of the Green Card application and a new application would have to be submitted later.

Yes, an individual can work during the AOS process once they have received a valid Employment Authorization card. Individuals apply for employment authorization as part of the initial AOS application process. Individuals should never work in the US without valid Employment Authorization.

Yes, USCIS has a case tracker that allows individuals to check on the status of their case online. The case tracker can be accessed here. To track the status of a case, the original AOS receipt number will be needed. This receipt number was issued on the receipt notification after the AOS form was filed. This receipt number will have to be entered into the tracker to be able to see the current status of a specific application.

There are various factors that determine whether someone who marries a US citizen can go through the AOS status. Even if the individual is in the US, there are other factors, such as if the person is legally in the US, that must be taken into consideration. Although the spouse of a US citizen is an immediate relative and is therefore technically eligible for a Green Card, they may not be eligible for AOS. Most people who come to the US with a valid visa and then meet and marry a US citizen can adjust status, even if they overstay their original visa. However, individuals who do not have lawful status in the US prior to marriage to a US citizen may not be eligible. (There are a few exceptions to this requirement.) Even if the spouse of a US citizen is not eligible for AOS, they may still apply for a Green Card through consular processing outside of the country.

No, an attorney is not required to file an AOS application. However, it is important to note that the AOS process and Green Card application is complicated and small mistakes can result in significant delays and/or a denial. It is best to consult an experienced immigration attorney prior to any filing. An attorney can help to prepare the associated forms and compile necessary evidence/documents in an accurate and timely fashion. An attorney can also assess a case prior to application to determine if there are any problems, mistakes, or other deficiencies. It is always best to try and address the weaknesses in a case before the initial application is submitted.

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