Adjustment Of Status Explained: Your Path To A Green Card Without Leaving The U.S.
09 April 2025By Alena Shautsova, New York Immigration Lawyer
Are you currently in the United States and wondering how you can obtain your green card without having to travel abroad? The process you may be looking for is called Adjustment of Status (AOS). As a USA Immigration lawyer, I work with clients every day who want to live permanently in the U.S., and for many, AOS is the best solution. In this detailed guide, I’ll explain everything you need to know about the Adjustment of Status process, eligibility, benefits, and how to increase your chances of approval.
What Is Adjustment of Status?
Adjustment of Status is the process that allows certain foreign nationals already present in the United States to apply for lawful permanent resident (LPR) status—commonly known as a green card—without leaving the U.S. to complete the application at a U.S. consulate abroad. This is in contrast to consular processing, which takes place outside the United States.
AOS is commonly used in family-based, employment-based, asylum-based, and certain special immigrant green card categories. It offers significant advantages for eligible applicants, such as remaining in the U.S. during the application period and receiving work and travel authorization while the case is pending.
Who Can Apply for Adjustment of Status?
To qualify for AOS, you must meet the following criteria under INA §245:
1. Lawful Entry
You must have been inspected and admitted or paroled into the United States. This generally means that you entered the U.S. with a valid visa or with permission under humanitarian parole.
Example: If you entered on a tourist visa (B-2), F-1 student visa, or even on humanitarian parole such as through the Uniting for Ukraine program, you meet this requirement.
2. Eligible Immigration Category
You must have an approved immigrant petition (such as Form I-130, I-140, or I-360) or be eligible to file one concurrently with your I-485 application.
Eligible categories include:
- Spouses and children of U.S. citizens
- Employment-based petitions (EB-1, EB-2, etc.)
- Asylees and refugees after one year of physical presence in the U.S.
- VAWA self-petitioners
- Special immigrant juveniles
- Diversity visa lottery winners
3. Visa Availability
Your priority date must be current under the Visa Bulletin published monthly by the U.S. Department of State. Immediate relatives of U.S. citizens (spouse, unmarried children under 21, and parents) do not have to wait for visa availability.
4. No Status Violations (with exceptions)
Generally, if you have overstayed your visa or worked without authorization, you may be ineligible for AOS—unless you fall under certain exceptions:
- Immediate relatives of U.S. citizens are forgiven for unauthorized employment and overstays.
- INA §245(i) may allow those with unlawful presence to still adjust if they were beneficiaries of certain petitions filed before April 30, 2001.
Step-by-Step Process for Adjustment of Status
Filing for AOS requires attention to detail and compliance with specific USCIS requirements. Here's how the process works:
Step 1: File Form I-485
Submit Form I-485, Application to Register Permanent Residence or Adjust Status, to USCIS. If your underlying petition has not yet been filed or approved (like Form I-130 or I-140), you may be able to file both forms at the same time (called "concurrent filing").
Step 2: Include Supplementary Forms
Depending on your situation, you may need to file additional forms:
- I-765 for Employment Authorization (EAD)
- I-131 for Advance Parole (travel document)
- I-864 Affidavit of Support (for most family-based cases)
- I-693 Report of Medical Examination (can be submitted later)
Step 3: Attend Biometrics Appointment
After filing, USCIS will send you a notice for biometrics collection (fingerprinting and photographing) at a local Application Support Center.
Step 4: USCIS Interview
Most AOS applicants are required to attend an interview at a USCIS field office. For marriage-based cases, both spouses must attend. The officer will review your documentation and verify the legitimacy of your relationship or employment.
Step 5: Receive Decision
If approved, USCIS will mail your green card directly to you. If denied, you will receive a notice explaining the reasons and may have the option to appeal or reapply.
How Long Does the Adjustment of Status Process Take?
Processing times vary depending on the USCIS office handling your case and your immigrant category. On average:
- Family-based AOS: 12–20 months
- Employment-based AOS: 10–18 months
- Asylum-based AOS: 12–24 months (after one year of asylum approval)
You can check current timelines at www.uscis.gov.
Can I Work or Travel While My Case is Pending?
Yes! When you file Form I-485, you can also apply for work authorization (EAD) and travel permission (Advance Parole). These allow you to:
- Work legally in the U.S.
- Travel abroad and return during the AOS process
Note: Traveling outside the U.S. without advance parole can result in automatic abandonment of your AOS application.
Common Reasons for Denial
Even strong cases can be denied due to:
- Inadmissibility (criminal issues, misrepresentation, public charge)
- Missing or incorrect documentation
- Fraudulent marriage or relationship
- Unlawful presence without an exception
Tip from a New York Immigration Lawyer: Always include a complete and well-documented application. Even minor mistakes or missing evidence can delay or sink your case.
Special Considerations
AOS for Asylees and Refugees
If you were granted asylum or refugee status, you can apply for AOS one year after your grant, assuming you have not returned to the country of persecution and remain admissible.
VAWA Self-Petitioners
Those who are victims of abuse by a U.S. citizen or permanent resident spouse or parent can file for AOS under VAWA protections—without needing the abuser’s cooperation.
Employment-Based Applicants
You must have an approved I-140 and remain in the same or similar occupation category. If changing jobs, the AC21 portability rule may apply after 180 days.
Why You Need the Best Immigration Lawyer
The Adjustment of Status process is often the final step to achieving permanent residency in the U.S., but even small errors can lead to denials, delays, or deportation proceedings. As a New York Immigration Lawyer with years of experience, I offer personalized, results-driven guidance for every client.
Whether you're applying through a family petition, employment, asylum, or another category, I’ll help you:
- Assess eligibility and legal risks
- Prepare a thorough, accurate application
- Respond to RFEs and navigate interviews
- Avoid costly mistakes and delays
Conclusion: Make Your Green Card Dream a Reality
Adjustment of Status is one of the most powerful tools available to individuals already in the United States seeking permanent residence. Whether you're a recent arrival on a visa, a refugee, an asylee, or the spouse of a U.S. citizen, you may already be on the path to your green card—without ever leaving the country.
Schedule a consultation today and let the best immigration lawyer in New York help you start the next chapter of your American journey. CALL 917 885 2261
Visit: www.shautsova.com
Email: office@shautsova.com
Serving clients in New York and across the U.S.
Watch Video On Adjustment Of Status:
https://www.youtube.com/watch?v=zrCnx2eL80U&ab_channel=AlenaShautsova