Adjustment of Status (AOS)
Adjustment of Status is the process of applying for a green card (lawful permanent residency) from within the United States. For eligible individuals, it offers a direct path to permanent residency without having to leave the country. This process allows you to remain with your family and often obtain work and travel authorization while your application is pending. At LBL, we guide clients through every step of the AOS process, ensuring your application is strong, complete, and professionally managed.
Let us help you navigate the path to permanent residency in the U.S.
Overview: What Is Adjustment of Status?
Adjustment of Status (AOS) is a procedure that allows an eligible foreign national who is physically present in the United States to apply for and receive a green card without having to return to their home country for consular processing.
The primary benefit of AOS is stability. While your application is being reviewed by U.S. Citizenship and Immigration Services (USCIS), you can typically remain in the country. Furthermore, most applicants can simultaneously apply for an Employment Authorization Document (EAD) to work legally and an Advance Parole document to travel internationally for urgent reasons.
Who Qualifies for Adjustment of Status?
Eligibility for AOS depends on several factors, including your immigration category and your history in the United States. Generally, you must have entered the U.S. legally. Common eligible categories include:
- Immediate Relatives of U.S. Citizens: Spouses, unmarried children under 21, and parents of U.S. citizens who were lawfully admitted to the U.S.
- Family/Employment Preference Categories: Individuals in a preference category (e.g., adult children of citizens, spouses of permanent residents, or employment-based applicants) who have a current visa number available on the Visa Bulletin and have continuously maintained lawful status.
- K-1 Fiancé(e)s: Individuals who entered the U.S. on a K-1 visa and married the U.S. citizen petitioner within 90 days.
- VAWA Self-Petitioners: Victims of battery or extreme cruelty by a U.S. citizen or permanent resident spouse, parent, or child.
It is crucial to note that certain issues, such as past criminal convictions or immigration fraud, can make a person “inadmissible” and may require a waiver to proceed.
Required Forms for an AOS Application
A typical family-based AOS application is a comprehensive package of several forms and extensive supporting evidence. The core forms include:
- Form I-130, Petition for Alien Relative (if not already approved)
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-864, Affidavit of Support (for most family-based cases)
- Form I-765, Application for Employment Authorization (optional, for a work permit)
- Form I-131, Application for Travel Document (optional, for Advance Parole)
- Form I-693, Report of Medical Examination and Vaccination Record
Depending on the case, additional waiver forms may also be necessary.
“Amazing service and very helpful staff. Always on time in terms of document preparation and responding to emails and calls… any question we had, they always took the time to explain it to us.”” – Shruthi
Steps in the Adjustment of Status Process
The AOS journey follows a structured path with USCIS:
Filing
We prepare and file your complete application package. For immediate relatives, all forms can often be filed “concurrently” (at the same time).
Receipt Notices
USCIS will issue receipt notices confirming they have received your case.
Biometrics Appointment
You will be scheduled to have your fingerprints, photo, and signature taken at a local Application Support Center (ASC).
Work/Travel Permits
If you applied for them, your EAD and Advance Parole documents are typically issued within several months, allowing you to work and travel.
Request for Evidence (RFE)
USCIS may issue an RFE if they need more information or documentation.
Interview
Most family-based applicants will be scheduled for an interview at a local USCIS office to verify the information in the application.
Final Decision
After the interview, you will receive a final decision. If approved, your green card will be mailed to you.
Common Challenges in AOS Cases
The AOS process is complex, and many applicants face hurdles that can delay or jeopardize their case. Common challenges include:
Status Violations
For many applicants (excluding immediate relatives), failing to maintain continuous lawful status can be a bar to adjustment.
Unauthorized Employment
Working without authorization can disqualify many applicants from AOS, though it is often forgiven for immediate relatives.
Visa Overstays
Overstaying a visa is a common issue that is forgiven for immediate relatives but can be a major obstacle for those in preference categories.
Public Charge and Financial Sponsorship
Failing to meet the strict income requirements for the Affidavit of Support is a frequent reason for RFEs and denials.
Incomplete Medical Exam (I-693)
An improperly completed or expired medical exam can lead to delays.
Criminal or Immigration History
Any past arrests or immigration issues must be disclosed and properly addressed, often requiring legal analysis and potential waivers.
How We Help
Navigating the Adjustment of Status process requires meticulous attention to detail. Our firm provides end-to-end support to give you the best chance of success.
Eligibility Evaluation
We conduct a thorough assessment of your case to confirm your eligibility and identify the best strategy.
Comprehensive Preparation
We prepare and organize all required forms and supporting evidence into a professional, well-documented package.
Handling Complex Issues
We have extensive experience addressing past immigration violations, criminal history, and inadmissibility issues, including preparing necessary waivers.
Interview Preparation
We prepare you for the USCIS interview, conducting mock sessions so you know what to expect and can answer questions with confidence.
Responding to USCIS
We handle all communication with USCIS, including responding to RFEs or Notices of Intent to Deny (NOIDs).
Tracking and Support
We track all timelines and provide ongoing support from filing to final decision.
Frequently Asked Questions
Can I stay in the United States while my Adjustment of Status application is pending?
In most cases, yes. One of the primary benefits of Adjustment of Status is that eligible applicants can remain in the United States while USCIS reviews their case. However, maintaining compliance with immigration requirements and responding promptly to USCIS requests remains important throughout the process.
What happens if USCIS sends a Request for Evidence (RFE)?
A Request for Evidence does not mean your case has been denied. It means USCIS needs additional documentation or clarification before making a decision. The key is responding completely and before the deadline. Missing evidence, incomplete financial documentation, or eligibility questions are common reasons an RFE may be issued.
Can I include my spouse and children in my Adjustment of Status application?
Depending on the immigration category, certain spouses and unmarried children may qualify as derivative beneficiaries and apply for permanent residence as part of the immigration process. Eligibility depends on the underlying petition and family relationship involved in the case.
Do I need an interview for Adjustment of Status?
Many applicants are required to attend a USCIS interview, although interview requirements can vary depending on the type of case and current USCIS policies. During the interview, an officer may review your application, verify information, and ask questions about your eligibility for permanent residence.
What documents are typically required for an Adjustment of Status case?
Required documents vary by case type but often include proof of lawful entry, identity documents, birth certificates, marriage certificates when applicable, financial sponsorship documents, medical examination results, and evidence supporting the underlying immigration petition. Providing complete and accurate documentation helps reduce delays.
Can I change employers while my Adjustment of Status application is pending?
In some employment-based cases, job changes may be possible under specific immigration rules. Whether a change is allowed depends on factors such as the stage of the case, the type of petition filed, and whether the new position is considered substantially similar to the original role. Individual circumstances should be evaluated carefully before making employment changes.
What happens if my Adjustment of Status application is denied?
The outcome depends on the reason for the denial and the applicant’s immigration status at the time. Some individuals may have options to refile, appeal, submit a motion to reopen, or pursue other immigration pathways. Understanding the reason for the denial is critical before determining the next step.
How can an immigration attorney help with an Adjustment of Status application?
An immigration attorney can evaluate eligibility, identify potential issues before filing, prepare the application package, monitor deadlines, respond to government requests, and help address complications involving prior immigration history, inadmissibility concerns, or documentation challenges. Proper preparation often helps avoid delays and preventable mistakes.
Secure Your Future in the United States
The Adjustment of Status process is your opportunity to achieve permanent residency from within the U.S. Let our experienced legal team guide you.
Call: (810) 522-5405
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