Adjustment Of Status: Purpose, Process, Timeline, Eligibility & More

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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Bradford H. Bernstein

Adjustment Of Status: Key Takeaways

• Adjustment of Status (AOS) allows certain immigrants to apply for a Green Card from within the United States without leaving the country
• Eligibility includes lawful entry, physical presence in the U.S., and available visa number
• Immediate relatives of U.S. citizens usually don’t have to wait for visa availability
• AOS can be based on family, employment, or humanitarian grounds
• The process involves different forms and supporting evidence based on the grounds of your application
• Those who don’t qualify for AOS still can pursue a Green Card via consular processing in their home country

Each fiscal year, the U.S. Citizenship and Immigration Services (USCIS) receives 410,000+ family-based adjustment of status petitions.

But what is an adjustment of status, and who can benefit from it?

We’ll share:

• The purpose of the process
• Who qualifies for AOS
• The documents you need to present
• The steps of filing for an adjustment of status
• AOS cost and timeline

Understanding Adjustment Of Status

Adjustment of status is the process of applying for lawful permanent resident status, also known as a Green Card, without the need to leave the U.S.

You might want to adjust your status if you entered the U.S. on a nonimmigrant visa, such as a tourist visa or student visa.

Through an AOS, you can remain in the U.S. until your Green Card is approved, even if your visa expires before the process is complete.

You can apply for a Green Card through adjustment of status based on several grounds, such as:

• Family relations: You must be a spouse, parent, child, or close relative of a U.S. citizen or a lawful permanent resident.
• Employment: You must work for an employer who is ready to sponsor you, due to your abilities.
• Humanitarian reasons: You must have asylee or refugee status, be a victim of human trafficking, a crime victim, or a victim of domestic abuse.

Who Qualifies For Adjustment Of Status?

To be eligible for adjustment of status, you must meet the following criteria:

• Have valid legal status at the time of your application.
• Be present in the U.S. when you file your application and remain in the U.S. until the process is complete.
• Be present in the U.S. after lawful entry, meaning you were admitted or paroled in the U.S. with valid documents and face-to-face interaction with an immigration officer.
• Have an immigrant visa number available for you in your category if you are subject to numerical limits.

When is a Green Card immediately available for you?

Immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents, benefit from immediate Green Card availability.

If you belong to a different family preference category, meaning you are a more distant relative, you may have to wait until a Green Card becomes available. You can check availability on the U.S. Department of State Visa Bulletin.

Changes in your circumstances during the AOS process can impact the result of your application. These changes may include:

• Losing your job
• Getting divorced
• Being charged with a crime

What Documents Do You Need To Apply For An Adjustment Of Status?

Filing for an adjustment of status requires a significant number of documents. Depending on the grounds for your application, these documents may differ.

Make sure you have these ready before submitting your application:

• Your completed Form I-485, Application to Register Permanent Residence or Adjust Status.
• Your I-94 arrival/departure card showing the date when you entered the U.S.
• A copy of your birth certificate.
• Form I-130, Petition for Alien Relative for family-based petitions.
• Your marriage certificate (if you are applying for a Green Card based on marriage).
• Form I-130A, Biographic Information (if you are applying for a Green Card based on spousal relations).
• Form I-864, Affidavit of Support.
• Form I-140, Immigrant Petition for Alien Workers, if you are applying for a Green Card based on employment.
• A job offer letter, if you are applying for a Green Card based on employment.
• A copy of your previously issued employment authorization documents (EAD) if employed.
• Two passport photos following USCIS photo requirements.
• Your medical examination results in Form I-693, Report of Medical Examination and Vaccination Record, submitted in an envelope sealed by a USCIS-approved doctor.
• Form I-730, Refugee/Asylee Relative Petition, if you are applying for a humanitarian Green Card.
• Form I-765, Application for Employment Authorization, if you want to work legally in the U.S. while your adjustment of status application is pending (optional).
• Form I-131, Application for Travel Document, if you need to travel outside the U.S. while your adjustment of status application is pending (optional).
• Your applicable filing fees.

Gathering these documents alone can make the process overwhelming. Working with an experienced immigration attorney will give you peace of mind and ensure you have everything prepared and completed as needed.

Adjustment Of Status Fee

The cost for filing Form I-485 is $1,440.

• If you are under 14 years old and you file Form I-485 with one of your parents, the fee is $950.
• If you have refugee status or are a victim of crime or human trafficking, filing Form I-485 is free of charge.

You can pay the filing fee with:

• A money order
• A personal check
• A cashier’s check
• A credit or debit card

Other fees related to the AOS process include:

• Form I-130: $625 for online filing and $675 for paper filing.
• Form I-140: $715, paid by the sponsoring employer.
• Form I-131: $630.
• Form I-765: $520 for paper filing and $470 for online submissions.
• There is no fee for filing I-730.

Each form requires a separate fee payment, so be sure to submit them individually if you’re filing multiple documents.

The amounts are non-refundable, regardless of whether you decide to withdraw your application or USCIS decides to take additional action on your request.

How To Apply For An Adjustment Of Status

The adjustment of status processes includes several stages.

1. Establish if you are eligible for a Green Card (i.e. whether you qualify for permanent residency based on family sponsorship, employment, asylum, or other immigration pathways).
2. Confirm if you are eligible for adjustment of status (i.e. whether you can apply for a Green Card from within the U.S.).
3. Ask your sponsor (petitioner) to submit a petition for your Green Card category. They must:
   – File Form I-130, Petition for Alien Relative, for a family Green Card. Immediate relatives can file concurrently, meaning they can submit Form I-130 together with Form I-485.
   – Submit Form I-140, Immigrant Petition for Alien Workers, for an employment-based Green Card.
   – Use Form I-730, Refugee/Asylee Relative Petition, for a humanitarian Green Card.
4. Wait until USCIS grants your petition.
5. Check visa availability for your Green Card category.
6. File your adjustment of status application when a visa is available, using Form I-485, Application to Register Permanent Residence or Adjust Status.
7. Attend a biometric screening to provide USCIS with your fingerprints, signature, and photo, so USCIS can conduct a criminal background check.
8. USCIS may require an AOS interview to verify your eligibility and application details.
9. Provide additional information or attend a second interview if USCIS requires it.
10. Get your Green Card

Each case is unique and may include different challenges and ways to address them.

For more information, check out the video below where Brad Bernstein, Managing Partner at The Law Offices of Spar & Bernstein, comments on the topic.

Adjustment Of Status Timeline

The AOS timeline differs depending on the grounds under which you’re filing and depends on:

• Your family relation or your visa preference category
• Your location
• The workload at your service center
• The visa availability in your category.

For example, processing a family-based adjustment of status application can take anywhere from 12 to 28 months.

Processing employment-based Forms I-485 takes 15-24 months.

To check how long your case might take, use the USCIS’ processing time tool.

If you want to shorten your Green Card petition period, use premium processing, which is only available for certain forms.

Alternative Ways To Obtain A Green Card

If you are not eligible for an adjustment of status, you may be eligible to obtain a Green Card through an alternative path.

If you are not in the U.S or have not entered the U.S. with a valid nonimmigrant visa, you can apply for a Green Card through consular processing outside the U.S. In this case, you must wait for your Green Card approval before coming to the U.S.

If you are physically present in the U.S., both adjustment of status and consular processing may be options for you, depending on your individual circumstances.

AOS and consular processing share identical Green Card eligibility requirements. However, the application forms, supporting documents, processing times, and fees are different for each process.

How Spar & Bernstein Can Help With Your Adjustment Of Status & Green Card Application

Applying for a Green Card can be overwhelming, considering all the regulations in place.

At Spar & Bernstein, we will review the details of your unique case, explain your options, and help you throughout the process, doing everything in our power to help you join your family or start work in the U.S. as a lawful permanent resident.

Our knowledgeable and compassionate attorneys will:

• Evaluate your eligibility for a Green Card.
• Assess whether you qualify for an adjustment of status.
• Explore options for adjusting your status, if you have overstayed your visa.
• Help you file the needed forms.
• Represent you as needed.
• Prepare you for your USCIS interview (Find more insights about marriage interview questions in our detailed guide).
• Monitor your case while USCIS makes a decision.

Adjustment Of Status: FAQs

How can I monitor my application status?

To check the status of your application, visit the case status section on the USCIS website and enter your case number. This will give you information about where you stand during every stage of the process.

If your application is taking longer than usual, contact an immigration attorney from our office to research the reasons for the delay and speed up the process, if possible.

Do I need to leave the U.S. while my application is being processed?

No, you can remain in the U.S. during the time USCIS processes your adjustment of status application, even if your original visa expires.

Do I need a lawyer to file for adjustment of status?

While not mandatory, working with a knowledgeable immigration lawyer can help reduce delays and increase your chances of success.