Learn How Adjustment of Status Works in the U.S.

What Adjustment of Status Means and How It Works

Adjustment of Status (AOS) is a process that allows certain foreign nationals who are already in the United States to obtain lawful permanent resident status—commonly called a green card—without traveling back to their home country. Instead of going through consular processing abroad, people can file their immigration paperwork while physically present in the U.S. and have their case decided by U.S. Citizenship and Immigration Services (USCIS).

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The process works by combining two steps into one. Normally, someone seeking permanent residency must first obtain an immigrant visa through a U.S. consulate in their home country, then enter the U.S. with that visa. With Adjustment of Status, a person can skip the consulate step and have USCIS review and approve their permanent residency petition directly. Once approved, they receive a green card and become a lawful permanent resident.

This process was created because some people cannot safely or practically return to their home country for visa processing, or they may have circumstances that make consular processing difficult. For example, someone who entered the U.S. lawfully on a temporary visa might want to stay permanently and can adjust status instead of leaving to process their visa abroad.

The timeline for Adjustment of Status varies widely. Some cases are decided within several months, while others take one to two years or longer depending on the type of case, where the person lives, and current USCIS workload. During this waiting period, people can typically continue working and living in the U.S. while their case is pending.

Practical takeaway: Adjustment of Status is a way to pursue permanent residency while remaining in the United States, rather than requiring a trip to a U.S. consulate abroad.

Who May Be Considered for Adjustment of Status

Not every person in the United States can use Adjustment of Status. USCIS has specific requirements that determine whether someone can proceed with this process. Understanding these basic categories helps explain who might consider this path.

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One common category includes people with an approved immigrant petition from a family member. For instance, a U.S. citizen spouse, parent, or adult child may petition for a foreign national family member. If that petition is approved and an immigrant visa is available, the foreign national may then adjust status.

Another category involves employment-based immigration. Some employers sponsor foreign workers for permanent residency through labor certification and employment-based petitions. Once an employment petition is approved and a visa is available, the worker may adjust status.

Refugees and asylees represent another group. A person who has been in the U.S. as a refugee for at least one year, or who has been granted asylum, may be able to adjust status to permanent resident.

Additionally, certain people who are descendants of workers brought to the U.S. through specific historical programs, or who have been victims of trafficking or violence, have separate pathways to adjustment. Some people may also adjust through special immigrant categories.

There are also "immediate relatives" of U.S. citizens—spouses, unmarried children under 21, and parents of U.S. citizens who are 21 or older. These immediate relatives generally have fewer restrictions on adjustment.

Important to note: merely being in the United States does not mean someone may adjust status. The person must fall into one of these legal categories and have a qualifying petition or status already in place.

Practical takeaway: Adjustment of Status requires fitting into one of several legal categories: family sponsorship, employment sponsorship, refugee or asylee status, or other special immigrant categories.

Key Requirements and Grounds of Inadmissibility

Even when someone falls into a category that allows Adjustment of Status, they must still meet basic immigration requirements. USCIS checks whether any "grounds of inadmissibility" apply to the person. These are legal reasons that could prevent someone from obtaining permanent residency.

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One major requirement is that the person must be physically present in the United States when they file and when the decision is made. Someone cannot adjust status if they leave the country before their case is approved, with limited exceptions for people with advance permission to leave and return.

Health and security issues are also examined. USCIS requires medical examinations performed by civil surgeons designated by USCIS. The exam checks for certain communicable diseases and other health conditions. Additionally, background checks look at criminal history, security concerns, and immigration violations.

Certain criminal convictions can prevent adjustment, including crimes involving moral turpitude, drug offenses (except single possession of 30 grams or less of marijuana), and crimes of violence. The specific definition matters; even minor-sounding charges may have serious immigration consequences depending on the exact legal definition.

Public charge is another ground. A person must show they will not become a "public charge"—meaning they won't rely on government benefits as their primary means of support. Typically, this is shown through an Affidavit of Support from a U.S. sponsor with sufficient income, or through the person's own income and assets.

Immigration fraud or misrepresentation also prevents adjustment. This could include using a false name on an immigration document, hiding marital status, or lying about criminal history to border officials.

Additionally, people who were previously ordered removed from the United States may face bars to adjustment depending on when they left and their circumstances.

Practical takeaway: To adjust status, a person must demonstrate they meet health and security requirements, have no criminal bars, can support themselves without government benefits, and have not committed immigration fraud.

The Forms and Documentation Process

Adjustment of Status requires filing multiple forms with USCIS and providing extensive documentation. The main form is the Application to Register Permanent Residence or Adjust Status, Form I-485. This form asks for personal information, immigration history, criminal history, health information, and employment history.

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Along with the I-485, several other forms are typically filed at the same time. Form I-864, the Affidavit of Support, is filed by a U.S. sponsor who agrees to support the immigrant if they cannot support themselves. This form requires the sponsor's income documentation, such as tax returns and W-2 forms, typically for the past two years.

Form I-765, Application for Employment Authorization, is often filed to request a work permit while the adjustment case is pending. Form I-131, Application for Travel Document, may be filed to request a re-entry permit, allowing the person to leave and return to the U.S. while the case is being decided.

Supporting documents typically include birth certificates, marriage certificates (if applicable), police clearances from countries where the person has lived, medical examination results from the designated civil surgeon, passport pages, and photographs. The exact documents needed depend on the person's specific situation and category.

Proof of lawful entry is also required in most cases. This could be a passport stamp showing entry, an admission record, or other USCIS documentation showing the person came to the U.S. lawfully. This is one reason why people who entered without inspection may face barriers to adjustment.

All documents not in English must be accompanied by certified English translations. False or incomplete information can result in denial or removal proceedings, so accuracy is crucial.

The filing fee for Form I-485 is substantial—as of 2024, it is $640, with a separate biometric services fee of $85 for most applicants. Some people may request a fee waiver if they cannot afford the fee.

Practical takeaway: The Adjustment of Status process requires filing multiple forms and gathering substantial supporting documentation, including identity documents, police records, medical exams, and financial evidence.

What Happens During the USCIS Review Process

After submitting an Adjustment of Status application, USCIS begins reviewing the case. The first step is usually a "Notice of Action" that confirms the application was received and assigns it a case number. This notice also provides information about biometric appointment scheduling.

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Biometrics appointment involves the applicant going to a USCIS Application Support Center where their fingerprints are taken and a photograph is captured. This information is used for background checks. After biometrics are completed, the case moves into the substantive review phase.

The applicant receives a notice for an interview at a local