The Complete Guide to Adjustment of Status (AOS) in the U.S.

The decision to seek Lawful Permanent Residence (LPR) is one of the most significant steps in an immigrant’s life. For those already residing in the U.S., the procedure known as Adjustment of Status (AOS) is the primary pathway to securing a Green Card domestically. This process, governed by the U.S. Citizenship and Immigration Services (USCIS), converts a non-immigrant status (like a tourist or student visa) into LPR status. Understanding the precise legal requirements and procedural steps is crucial for a successful application.

Core Eligibility: Meeting Statutory Requirements

Eligibility for AOS is not automatic. Applicants must satisfy several foundational statutory requirements under the Immigration and Nationality Act (INA). Failure to meet these criteria can lead to immediate denial.

1. Lawful Admission and Physical Presence

• Lawful Entry: You must have been “inspected and admitted or paroled” by a U.S. immigration officer upon entry. Entering without inspection (EWI) is generally a bar to adjustment, though certain exceptions, such as INA 245(i) or being an immediate relative of a U.S. citizen, may apply in specific cases.
• Physical Presence: The applicant must be physically present in the United States when filing Form I-485, the core application for adjustment of status.

2. Immigrant Petition and Visa Availability

Before applying for AOS, the applicant must qualify for a Green Card through an immigrant visa category, typically sponsored by a family member or an employer.

3. Admissibility and Public Charge

Applicants must be admissible to the U.S. for LPR status, meaning they must not fall under any grounds of inadmissibility (e.g., certain criminal convictions, health-related grounds, or prior immigration violations).

The I-485 Application Procedure: A Step-by-Step Guide

The Adjustment of Status procedure is centered around filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Step 1: File the AOS Package

The applicant must compile and submit a comprehensive package to USCIS, including Form I-485 and all initial evidence. Submitting all evidence upfront (front-loading) can prevent Request for Evidence (RFE) delays and may waive the interview.

Step 2: Biometrics Appointment

After filing, USCIS will issue a notice to attend a biometrics appointment at an Application Support Center (ASC). This involves collecting fingerprints, a photograph, and a digital signature for background and security checks. Missing this mandatory appointment without timely rescheduling can lead to case abandonment and denial.

Step 3: Employment and Travel Authorization

Many applicants concurrently file Form I-765 (Employment Authorization Document, or EAD) and Form I-131 (Advance Parole, or AP) with their I-485.

Step 4: Interview and Final Adjudication

USCIS may require the applicant (and the petitioner, especially in marriage-based cases) to attend an interview at a local USCIS office. The interview’s purpose is to verify the information in the application and assess the legitimacy of the underlying relationship or job offer. If the officer is satisfied, the application will be approved, and the Green Card will be mailed shortly after.

Common Pitfalls and Avoiding AOS Denial

While the AOS process is a pathway to permanent residency, it is not without risk. Awareness of common reasons for denial can significantly improve the chance of success.

• INA §245(c) Violations: This is a major hurdle. Applicants who have failed to continuously maintain lawful status, entered without inspection, or engaged in unauthorized employment (unless an immediate relative or eligible for a 245(k) exemption) are typically barred from adjustment.
• The ’90-Day Rule’ Scrutiny: While not a strict legal rule, officers may scrutinize cases where the applicant filed an I-485 or engaged in conduct inconsistent with their non-immigrant visa’s intent within 90 days of entry, which can raise questions of potential visa fraud.
• Incomplete or Inaccurate Filing: Failure to submit a certified translation for all foreign documents, provide the sealed Form I-693 Medical Exam, or include robust evidence of a bona fide relationship (for marriage-based cases) is a leading cause of delays or Request for Evidence (RFE) and denial.
• Loss of Underlying Petition: If the approved immigrant petition (I-130 or I-140) is revoked, or the family member or employer withdraws support, the I-485 application loses its basis and will be denied.

Summary of the Adjustment of Status Journey

1. Prerequisite: An applicant must have a foundational eligibility, typically an approved or concurrently filed Immigrant Petition (I-130 or I-140), and an immediately available immigrant visa number.
2. Filing: The core application is Form I-485, submitted with essential evidence including the sealed I-693 Medical Exam.
3. Procedural Steps: Mandatory steps include the biometrics appointment for background checks and, often, an interview with a USCIS officer.
4. Risk Mitigation: Avoid common pitfalls like leaving the U.S. without Advance Parole, filing with unlawful status, or submitting incomplete documentation to ensure the fastest adjudication.

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Frequently Asked Questions (FAQ)

Q: What is the most critical requirement for Adjustment of Status?

A: The most critical requirement is being able to demonstrate that you were inspected and admitted or paroled into the U.S. and that an immigrant visa number is immediately available in your category at the time of filing the Form I-485.

Q: Can I travel outside the U.S. while my I-485 is pending?

A: You should not travel outside the U.S. while your Form I-485 is pending unless you have applied for and received an Advance Parole (AP) travel document (Form I-131). Leaving without AP can cause your AOS application to be deemed abandoned.

Q: How does the medical exam (Form I-693) affect my application?

A: The medical exam, performed by a USCIS-approved civil surgeon, determines if you are inadmissible on health-related grounds. The sealed Form I-693 must be submitted with or shortly after the I-485 application to avoid a Request for Evidence or denial.

Q: What if I have worked without authorization in the U.S.?

A: Engaging in unauthorized employment is generally a bar to Adjustment of Status under INA 245(c). However, immediate relatives of U.S. citizens and certain employment-based applicants who qualify under INA 245(k) are exempt from this bar.

Q: How long does the AOS process take?

A: The processing time varies greatly based on the application category, the USCIS service center, and whether an interview is required. Marriage-based AOS processing, for example, can average around 14 months, but timelines are constantly changing and should be checked using the USCIS Case Status Tracker.

*Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Immigration law is highly complex and subject to frequent change. The information presented is generated by an AI model. For advice specific to your situation, please consult with a qualified Legal Expert.*

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