Adjustment of Status, Explained

What is Adjustment of Status?

If you are already in the United States and want to become a lawful permanent resident (get a Green Card), the process you are looking at is called Adjustment of Status (AOS). Instead of leaving the U.S. to complete your immigrant visa processing at a U.S. consulate abroad, you can apply directly with U.S. Citizenship and Immigration Services (USCIS) while remaining in the U.S.

This option is available to certain eligible applicants who meet specific requirements under immigration law. It allows individuals to remain in the U.S. while their permanent residency request is being reviewed.

Given ongoing consular processing delays and interview backlogs, Adjustment of Status continues to be a significant pathway for those eligible under U.S. immigration categories.

Let’s explore how the process works, who qualifies, what forms are involved, and what common mistakes to avoid.

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Who Can Apply for Adjustment of Status/Green Card?

Eligibility depends on the applicant’s immigration category and whether they entered the U.S. lawfully. 

You may be eligible if:

  • You are an immediate relative of a U.S. citizen (spouse, unmarried child under 21, or parent of a U.S. citizen age 21 or older).
  • You have an approved family-based or employment-based immigrant petition (Form I-130 or I-140) and your priority date is current in the Visa Bulletin.
  • You are applying through humanitarian programs, such as asylum or the Diversity Visa (DV) lottery.
  • You entered the U.S. lawfully, even if your legal status later expired, and you qualify under certain provisions such as section 245(i) or Immediate Relative categories

You may not qualify if:

  • You entered the U.S. without inspection (EWI), unless you meet a specific exception like section 245(i).
  • You have certain criminal convictions or immigration fraud issues.
  • You are otherwise inadmissible under immigration law.

What is 245(i)?

Section 245(i) of U.S. immigration law allows some individuals to apply for a Green Card inside the U.S., even if they entered without inspection – but only if someone filed a visa petition or labor certification for them on or before April 30, 2001, and they meet other criteria, including paying an additional penalty fee.

Key Forms for Adjustment of Status

The heart of the AOS process is Form I-485, Application to Register Permanent Residence or Adjust Status. But it rarely stands alone.

Here’s what usually goes in an AOS package:

  • Form I-130 (family-based) or Form I-140 (employment-based), if not already approved.
  • Form I-485 – Main Green Card application.
  • Form I-864, Affidavit of Support (for family cases).
  • Form I-693, Report of Medical Examination and Vaccination Record.
  • Form I-765, Application for Employment Authorization (EAD).
  • Form I-131, Application for Advance Parole (travel document).

Having these forms filed together is often called a “concurrent filing” package. This allows applicants to request work and travel authorization while their Green Card application is pending.

Want a clearer picture of how Adjustment of Status works in real situations?

Keep reading! This guide breaks down each step with practical examples and insights.

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Current Timeline and Processing Trends in 2025

Processing times vary by case type and USCIS field office.

  • Family-based cases: roughly 10 months to 2+ years.
  • Employment-based cases: often faster, but subject to Visa Bulletin retrogression.

Recent trends to note:

  • USCIS continues to expand online filing and digital updates.
  • Employment-based applicants must track priority dates closely each month.
  • Family-based applicants are seeing increased scrutiny of marriage-based petitions due to fraud prevention efforts.
  •  

The Adjustment of Status Interview

Almost every applicant is required to attend an AOS interview at their local USCIS office.

  • For marriage-based cases: confirming that the relationship is genuine.
  • For all applicants: reviewing immigration history, background checks, and eligibility.
  • For employment-based cases: confirming job offer details and employer information.

Common Mistakes to Avoid

Many AOS cases are delayed or denied because of preventable mistakes. Some of the biggest ones include:

  • Submitting incomplete forms or missing documents.
  • Filing before your priority date is current.
  • Failing to disclose past immigration violations or criminal issues.
  • Not updating USCIS if you move (always file Form AR-11, Change of Address).
  • Travelling outside the U.S. without Advance Parole while your Form I-485 is pending.

Adjustment of Status vs. Consular Processing

Both lead to the same result: a Green Card. The main difference is where you finish the process.

  • Adjustment of Status happens inside the U.S.
  • Consular Processing happens abroad at a U.S. consulate.

In many situations, AOS is preferred by eligible applicants because it allows them to stay in the U.S. while their case is processed. However, those outside the U.S. must complete Consular Processing.

The Adjustment of Status Process

"Green Card: How the Adjustment of Status Process Works"

Step 1: Confirm eligibility

Eligibitliy generally requires: 

  1.  A qualifying immigrant category. (Example: immediate relative of a U.S. citizen, family preference, employment-based, and certain humanitarian categories.)
  2.  A lawful admission or parole into the U.S.: Most applicants need an admission or parole.
  3.  An available visa number (check the Visa Bulletin):-  Check the Visa Bulletin, then check USCIS’s monthly “Adjustment of Status Filing Charts” page to see whether to use the “Dates for Filing” chart or the stricter “Final Action Dates” chart that month. This changes month to month.
  4. Meeting admissibility or waiver requirements

Recent updates include:

  • Effective December 2, 2024, USCIS requires applicants to include Form I-693 or its vaccination section with Form I-485.
  • Under the 2022 Public Charge Rule, USCIS evaluates the totality of circumstances with supporting documentation.

Families with kids, read this: USCIS updated its Child Status Protection Act guidance. For cases filed on or after Aug 15, 2025, a child’s CSPA age is based on the Final Action Dates chart in the Visa Bulletin. If your adjustment of status was filed before Aug 15, 2025, and is still pending, USCIS will keep applying the Feb 14, 2023, policy you relied on. Bottom line: CSPA age-freezing is tougher for new filings, so timing and chart (Final Action vs. Filing) matter.

Step 2: Assemble the AOS packet

What you file depends on your category, but a typical family or employment package includes:

  1. Form I-485 plus government filing fee
    Filing fee for Form I-485 for most adult applicants is listed at $1,440; biometrics are now built into the form fee. Always confirm the total on the Fee Schedule page at the moment payment is made.
  2. The underlying petition
    Family: Form I-130. Employment: Form I-140. You may concurrently file the I-140 and I-485 when the priority date is current.
  3. Financial support form:
    Most family-based green card applicants need to submit Form I-864, Affidavit of Support, to show the sponsor meets income requirements. The old I-864W form is no longer used; if an applicant is qualified for an exemption, they may indicate it on their I-485 or consular paperwork. The public charge rule is still in place but doesn’t remove the I-864 requirement for most family cases.
  4. Sealed Medical exam
    Sealed Form I-693, the medical exam, must be done by a USCIS-approved civil surgeon at the time you file for AOS, not later. If I-693 is signed on or after November 1, 2023, it only applies while that specific green card application is pending. If your case is denied or withdrawn, that medical report becomes invalid. Surgeons are required to use the updated version of the Form I-693.
  5. Optional Work permit and travel document

    • Form I-765 for an EAD so you may work while the I-485 is pending. USCIS’s current fee schedule lists a Form I-765 fee of $260 when filed in connection with AOS.

    • Form I-131 for Advance Parole to travel while pending AOS. The current fee schedule lists $630.

(Always confirm fees and form versions on USCIS.gov before filing.)

Step 3: File, then the case moves in this order

  1. Receipts and biometrics. After filing AOS, I-797C receipt notice is issued. USCIS schedules biometrics at an ASC for fingerprints and a photo.
  2. Work card and travel document. If forms I-765 and I-131 were filed, USCIS adjudicates those while the I-485 is pending. Some applicants get a combo card; others get separate documents.
  3. Interview or waiver. By default, AOS applicants are interviewed. USCIS may waive the interview case-by-case when the record is already conclusive. There is no guaranteed waiver category.
  4. Requests for Evidence, if needed. USCIS may ask for missing documents or updated information.
  5. Decision. If approved, USCIS produces and mails the green card. If approved through marriage under two years old, a conditional Green Card is granted, requiring Form I-751 later to remove conditions.

Processing time may vary by field office and category. Always check the USCIS “Check Case Processing Times” tool for your form and office rather than relying on averages.

Explore TheImmiQuest for detailed guides on Adjustment of Status, Green Card filing steps, and practical immigration insights

All explained in plain language.

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Quick filing checklist:

  • I-485 with the correct category and fee.
  • Underlying petition (I-130/I-140).
  • Financial support form (I-864/I-864W).
  • Sealed I-693 medical.
  • I-765 and I-131 (optional, with fees).
  • Civil and status documents.
  • Supplement J (for employment-based cases).
  • G-1145 notification form.

(Verify all current USCIS fees and edition dates before filing.)

Summing Up

Adjustment of Status is an important pathway for individuals already in the U.S. who qualify for permanent residency under U.S. immigration law. The process requires accuracy and careful documentation; small mistakes can delay or complicate the application. Those exploring AOS should focus on understanding eligibility, staying informed about USCIS policy updates, and reviewing all requirements before submitting any forms.

Adjustment of Status FAQs

AOS is the process that lets someone already in the U.S. apply for a green card without leaving the country. Instead of going to a U.S. consulate abroad, you apply directly with USCIS while staying in the U.S.

Eligible categories include immediate relatives of U.S. citizens, beneficiaries of approved I-130/I-140 petitions with current priority dates, humanitarian categories like asylum or DV lottery, and certain lawful entrants under section 245(i).

  • Those who entered the U.S. without inspection (EWI)
  • Those who committed immigration fraud or certain criminal offences.
  • Those who are subject to other inadmissibility grounds under U.S. immigration law.
  • Form I-130/I-140 – Family or employment petition (if not already approved).
  • Form I-485 – Main Green Card application.
  • Form I-864 – Affidavit of Support (for most family cases).
  • Form I-693 – Medical exam by a USCIS civil surgeon (submit with I-485).
  • Form I-765 – Work permit (EAD) while AOS is pending.
  • Form I-131 – Advance Parole for travel while AOS is pending.

Filing all forms together is called “concurrent filing”, which lets you work and travel while your green card application is pending.

  • I-485: $1,440 (includes biometrics)
  • I-765: $260 (when filed with I-485)
  • I-131: $630 (no longer included in I-485 fee since April 1, 2024)

Yes. It must be completed by a USCIS-approved civil surgeon and submitted in a sealed envelope with the I-485.

USCIS applies updated rules based on filing dates and the applicable Visa Bulletin chart. Timing plays a key role

  • USCIS generally interviews almost all AOS applicants.
  • Waivers are case-by-case, and there’s no guaranteed category for skipping the interview.
  • Filing incomplete forms or missing documents.
  • Filing before your priority date is current.
  • Failing to disclose past immigration violations or criminal issues.
  • Not updating USCIS if you move (Form AR-11).
  • Traveling without Advance Parole while I-485 is pending.

AOS is often preferred due to backlogs at consulates and convenience of staying in the U.S.

Feature

Adjustment of Status (AOS)

Consular Processing

Location

Inside the U.S.

U.S. consulate abroad

Travel & Work

May apply for work/travel authorization while pending

Must complete visa processing abroad

Wait Times

Vary by USCIS office some categories

Depends on consulate appointments and backlogs

  1. Confirm eligibility – immigrant category, lawful admission/parole, visa availability, admissibility/waivers
  2. Assemble AOS packet – forms, fees, supporting documents
  3. File and track case – receive I-797C receipts, attend biometrics
  4. Work & travel documents – I-765 and I-131 adjudicated while I-485 pending
  5. Attend interview
  6. Respond to RFEs (if requested)
  7. Decision – green card issued; conditional if marriage < 2 years.
  • Family-based cases: 10 months – 2+ years for interviews.
  • Employment-based cases: Faster but may experience backlogs.
  • USCIS emphasizes digital filing, case tracking, and stricter scrutiny on marriage-based petitions.

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