For many foreign nationals, the ultimate dream is obtaining lawful permanent residency—commonly known as a Green Card. The path to this goal, however, isn’t a single straight line. There are two primary ways to reach it: Consular Processing (applying from abroad) and Adjustment of Status (applying from within the United States).
Adjustment of Status (AOS) is often the preferred route because it allows you to stay in the U.S. with your family and often work while your application is pending. But it is not available to everyone. It is a specific legal privilege reserved for those who meet strict criteria.
This guide breaks down exactly what Adjustment of Status is, who qualifies for it, and the step-by-step process of filing Form I-485 to secure your future in the United States.
What is Adjustment of Status?
Adjustment of Status is the process that allows eligible individuals already inside the United States to apply for lawful permanent resident status without having to return to their home country to complete visa processing.
Think of it as changing your “immigration label” from a temporary visitor (like a student, tourist, or temporary worker) to a permanent resident.
AOS vs. Consular Processing
The main alternative to AOS is Consular Processing.
- Adjustment of Status: You stay in the U.S. The U.S. Citizenship and Immigration Services (USCIS) handles your case. You can usually get a work permit while you wait.
- Consular Processing: You apply for an immigrant visa at a U.S. Embassy or Consulate in your home country. You must attend an interview abroad and enter the U.S. using that immigrant visa to become a permanent resident.
Choosing the wrong path can have serious consequences. For example, if you have accrued “unlawful presence” in the U.S., leaving for consular processing could trigger a 3-year or 10-year bar from returning. This is why Adjustment of Status is so critical—it avoids the risk of leaving and being unable to come back.
Who Is Eligible for Adjustment of Status?
Not everyone in the U.S. can adjust their status. Eligibility generally hinges on three main pillars: lawful entry, an underlying petition, and visa availability.
1. Lawful Entry (Inspection and Admission)
Generally, to adjust status, you must have been “inspected and admitted” or “paroled” into the United States. This usually means you entered with a valid visa and spoke to a Customs and Border Protection (CBP) officer at the airport or border.
- Exception: Certain immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) may be forgiven for overstaying their visa, but they still typically need that initial lawful entry.
- The 245(i) Exception: A rare exception exists for certain people who had a petition filed for them on or before April 30, 2001, allowing them to pay a fine to adjust status even without lawful entry.
2. An Underlying Immigrant Petition
You cannot simply apply for a Green Card on your own. Usually, someone else must petition for you.
- Family: A U.S. citizen or permanent resident relative files Form I-130.
- Employment: An employer files Form I-140.
- Humanitarian: Asylees or refugees can adjust status after one year.
3. Visa Availability
An immigrant visa must be immediately available to you at the time you file.
- Immediate Relatives: Visas are always available for spouses, parents, and minor children of U.S. citizens. They can file their petition and AOS application at the same time (concurrent filing).
- Preference Categories: For other relatives (like siblings) or employment-based applicants, you must wait until your “Priority Date” is current in the Department of State’s Visa Bulletin.
The Step-by-Step Process: Filing Form I-485
Once you confirm eligibility, the actual application process begins. It involves gathering evidence, filling out forms, and waiting for USCIS adjudication.
Step 1: File the Petition
If you are eligible for concurrent filing (e.g., marriage to a U.S. citizen), you can file the immigrant petition (Form I-130 or I-140) together with your Green Card application. If not, the petition must be approved first, and you must wait for a visa to become available.
Step 2: Submit Form I-485
The core of the process is Form I-485, Application to Register Permanent Residence or Adjust Status. Along with this form, you must submit a substantial package of documents:
- Proof of Eligibility: Approval notice of your immigrant petition (or the petition itself if filing concurrently).
- Proof of Lawful Entry: Copy of your passport, visa, and I-94 arrival record.
- Medical Exam: Form I-693, completed by a designated civil surgeon in a sealed envelope.
- Affidavit of Support: Form I-864, showing your sponsor has enough income to support you so you won’t become a “public charge.”
- Filing Fees: Checks or money orders for the government filing fees.
Step 3: Biometrics Appointment
A few weeks or months after filing, USCIS will schedule you for a biometrics appointment. This is a quick visit to a local Application Support Center to provide your fingerprints, photo, and signature for background checks.
Step 4: The Interview
Most family-based applicants (and some employment-based ones) will be required to attend an interview at a local USCIS field office. An officer will review your application, ask questions to verify your eligibility, and ensure your relationship (if family-based) is bona fide.
Common Challenges and Mistakes
The AOS process is paperwork-heavy and unforgiving of errors.
- Filing Too Early: If you file before your priority date is current according to the Visa Bulletin, your application will be rejected or denied, and you will lose your filing fees.
- Unauthorized Employment: Working without authorization can bar some applicants (though not immediate relatives of U.S. citizens) from adjusting status.
- Travel Without Parole: If you leave the U.S. while your I-485 is pending without first getting Advance Parole (travel permission), your application is considered abandoned. You essentially walk away from your Green Card process.
- Public Charge Issues: Failing to provide sufficient evidence of financial support via the I-864 Affidavit of Support is a common reason for delays or denials (Requests for Evidence).
When to Consult an Attorney
While some straightforward cases can be handled individually, immigration law is complex. You should strongly consider hiring an attorney if:
- You have ever been arrested or charged with a crime (even if charges were dropped).
- You entered the U.S. without inspection (illegally).
- You have ever been in deportation/removal proceedings.
- You have previously been denied an immigration benefit.
A skilled attorney can help navigate these hurdles and determine if waivers are available or if AOS is truly the best path for you.
Conclusion
Adjustment of Status is a powerful tool that allows you to transition to permanent residency without the disruption and risk of leaving your life in the U.S. behind. However, it requires careful attention to detail and strict adherence to eligibility rules.
By understanding the requirements and preparing a thorough application, you take a significant step toward securing your permanent home in the United States.
Helpful Federal Resources:
