Adjustment of Status

Adjustment of Status (AOS) Guide

Get your green card without leaving the U.S. Learn how to adjust your status to lawful permanent resident while staying in the country.

What is Adjustment of Status?

Adjustment of Status (AOS) is the process of applying for lawful permanent resident status (a green card) while you are physically present in the United States. This allows you to become a permanent resident without having to return to your home country for consular processing.

AOS is available to eligible individuals who are already in the U.S. in a valid nonimmigrant status and have an approved immigrant petition (such as through family sponsorship, employment, or other qualifying categories). This is often the preferred path because you can remain in the U.S. with your family and job throughout the process.

Before applying for a green card, you may need to maintain your current status. Learn about extending your current visa status or changing to a different nonimmigrant visa category while you prepare your green card application.

Benefits of Adjustment of Status

Stay in the U.S.

Remain with your family and continue working while your application is processed.

Work Authorization

Apply for an Employment Authorization Document (EAD) while your green card is pending.

Travel Permission

Obtain Advance Parole to travel internationally while your application is pending.

Faster Processing

Often faster than consular processing, with the ability to respond quickly to USCIS requests.

Key Information

Processing Time

Typically 12-24 months depending on category and USCIS workload. Family-based cases often process faster.

Filing Fees

Form I-485 fee ranges from $1,140-$1,440. Additional fees for EAD ($410) and Advance Parole if filed separately.

Required Form

Form I-485 (Application to Register Permanent Residence) with extensive supporting documentation.

Eligibility Requirements

Approved Immigrant Petition

You must have an approved immigrant petition (I-130, I-140, etc.) or be eligible for a category that doesn't require one.

Visa Number Available

An immigrant visa number must be immediately available (check the Visa Bulletin for your priority date).

Lawful Entry

You must have been inspected and admitted or paroled into the United States (some exceptions apply).

Admissibility

You must be admissible to the U.S. or qualify for a waiver of inadmissibility.

Physical Presence

You must be physically present in the United States when filing Form I-485.

Common AOS Categories

Family-Based

Immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21) or family preference categories.

Employment-Based

EB-1 (extraordinary ability), EB-2 (advanced degree), EB-3 (skilled workers), and other employment categories.

Diversity Visa Lottery

Winners of the annual Diversity Visa Lottery program who are in the U.S.

Asylum/Refugee

Asylees after one year or refugees adjusting to permanent resident status.

Special Immigrant

Religious workers, special immigrant juveniles, and other special categories.

Application Process

1

Verify Eligibility

Confirm you have an approved petition, visa number is current, and you meet all eligibility requirements.

2

Prepare Documentation

Gather Form I-485, birth certificate, passport, photos, medical exam (Form I-693), financial documents, and supporting evidence.

3

Complete Medical Examination

Schedule and complete medical exam with a USCIS-approved civil surgeon. Obtain sealed Form I-693.

4

File Form I-485 Package

Submit complete I-485 application with all supporting documents and fees to the appropriate USCIS lockbox.

5

Receive Receipt Notice

USCIS will send Form I-797 receipt notice with your case number for tracking.

6

Attend Biometrics Appointment

Go to your scheduled biometrics appointment for fingerprinting and photos.

7

Attend Interview

Appear for your adjustment of status interview at a USCIS field office with all original documents.

8

Receive Decision

USCIS will approve or deny your application. If approved, you'll receive your green card by mail.

Important Considerations

Concurrent Filing

In some cases, you can file the immigrant petition (I-130 or I-140) and I-485 simultaneously if a visa number is immediately available.

Travel During Processing

Do not travel internationally without Advance Parole. Leaving without it will abandon your I-485 application.

Maintaining Status

While I-485 is pending, maintain your current nonimmigrant status until you receive your EAD or green card approval.

Public Charge Rule

You must demonstrate you won't become a public charge by showing sufficient financial resources or having a sponsor file Form I-864.

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