Expert Immigration Law Services

What is Adjustment of Status

Adjustment of Status is the process by which a non-citizen already physically present in the U.S. applies to become a Lawful Permanent Resident (i.e. get a Green Card) without having to leave the U.S. and go through consular processing abroad. It applies under different categories (family-based, employment-based, special immigrants, etc.), each with its own eligibility criteria. 

Key Steps in the AOS Process

Determine eligibility:

• For family-based cases, this means having a qualifying relative (U.S. citizen or Lawful Permanent Resident) who files Form I-130 (Petition for Alien Relative). 

• For employment-based cases, it generally requires having an approved or pending employer-sponsored petition (often Form I-140) or meeting some other special immigrant classification. 

Check visa availability / priority date:

• Even if one is otherwise eligible, a visa number must be “available” in that particular immigrant category for most preference categories. The U.S. Department of State publishes the Visa Bulletin showing when a priority date is “current.”

• For some categories or relatives (e.g. immediate relatives of U.S. citizens), visa numbers are not subject to the same delays.

File Form I-485 (Application to Register Permanent Residence or Adjust Status):

• Once the petition (I-130 or I-140, etc.) is approved (or concurrently filed, when allowed) and a visa number is available, the applicant files Form I-485. 

• Along with the I-485, there are supporting documents required: identity, proof of qualifying relationship or job offer, medical exam, etc. Also, sometimes supplementary forms (for example, to show job portability under certain employment-based cases). 

Biometrics appointment:

• After filing, USCIS schedules a biometrics (fingerprint & photo) appointment to verify identity, run background/security checks. 

Interview (if required):

• In many cases, USCIS will conduct an interview of the applicant (and sometimes the petitioner or employer). During the interview, the officer reviews the application, asks questions under oath, and examines original documents. 

Request for Additional Evidence (RFE), if needed:

• If USCIS finds missing, incomplete or outdated documents, they issue an RFE. The applicant must respond within the deadline. Failure may lead to denial. 

Decision & Green Card issuance:

• Once USCIS is satisfied that all requirements are met, they approve the I-485 and issue the Green Card. If denied, the decision will explain why, and whether there is any recourse (motions to reopen or reconsider). 

Special Considerations & Differences (Family vs Employment)

Unlawful presence / prior status violations: 

• In family-based cases, immediate relatives of U.S. citizens may in some situations still be eligible for adjustment even if they have violated nonimmigrant status or overstayed, depending on how they entered and other factors. In employment-based cases, maintaining lawful status is typically more strictly enforced. 

Concurrent filing: 

• Sometimes the immigrant petition (I-130 or I-140) and Form I-485 can be filed together (“concurrent filing”) in both family and employment-based categories, if visa numbers are immediately available. This speeds things up.

Work authorization and travel while pending: 

• Applicants often can apply for an Employment Authorization Document (EAD) and Advance Parole (permission to travel) while the I-485 is pending. 

Visa backlogs / priority dates: 

• Employment-based preference categories (especially for people born in high-demand countries) often face long wait times due to the limited number of visas and per-country caps. Family preference categories likewise have priority date wait times except in certain immediate relative categories