Adjustment of Status (AOS): Complete guide to applying for a Green Card from within the U.S.

What is adjustment of status?

Adjustment of status (AOS) is the process of becoming a lawful permanent resident (Green Card holder) while physically present in the United States. It allows individuals to change their non-immigrant status to permanent resident status without leaving the country. For those with a qualifying relationship or petition and lawful entry into the U.S., adjustment of status offers a direct and often more flexible path to permanent residency.

This guide covers who qualifies for AOS, how to apply, which forms are required, common pitfalls, and how adjustment of status compares to consular processing. It centers around USCIS Form I-485, the key application for registering permanent residence.

Who Qualifies for Adjustment of Status?

Not everyone physically present in the U.S. qualifies for AOS. Eligibility depends on several factors, including how the applicant entered the country, the basis of the green card application, and the applicant’s immigration history.

✅ Family-Based Eligibility

• Immediate relatives of U.S. citizens (spouses, unmarried children under 21, parents)

• Preference category relatives (siblings, adult children, spouses of green card holders) if a visa number is available

✅ Employment-Based Eligibility

• Approved I-140 immigrant petitions under EB-1, EB-2, or EB-3 categories

• Some categories allow concurrent filing of I-140 and I-485

✅ Humanitarian and Other Categories

• Asylees (after one year of asylum status)

• VAWA self-petitioners

• U visa and T visa holders with sufficient presence and eligibility

✅ Legal Entry and Status Exceptions

• Most applicants must have entered the U.S. lawfully

• Certain visa overstays may still qualify (e.g., immediate relatives of U.S. citizens)

• INA 245(i) may allow AOS for individuals with prior unauthorized entry if a qualifying petition was filed before April 30, 2001

Step-by-Step: The Adjustment of Status Process

• Confirm Eligibility
  Review whether your immigration path qualifies for AOS and whether a visa number is available.

• Prepare and Collect Documents
  Required documents may include passport, visa, birth certificate, I-94 record, immigration forms, and evidence of lawful status.

• File Form I-485
  This may be filed concurrently with I-130 (family-based) or I-140 (employment-based), if permitted.

• Attend Biometrics Appointment
  USCIS will schedule fingerprinting and a background check.

• Attend Adjustment of Status Interview
  Most applicants must appear for an interview at a USCIS field office.

• Receive a Decision
  If approved, you’ll receive your green card. If denied, explore motion to reopen, appeal, or litigation options with counsel.

Key Forms and Documents Required

• Form I-485 – Main application for Adjustment of Status (AOS)

• Form I-864 – Affidavit of Support (family-based cases)

• Form I-693 – Medical exam by USCIS-approved doctor

• Form I-765 – Optional application for a work permit

• Form I-131 – Optional application for advance parole (travel)

• Form G-1145 – For electronic updates on case status

Supporting documents will vary based on petition type and personal circumstances.

Common Challenges in the Adustment of Status process

Adjustment of status is paperwork-intensive and highly scrutinized. Some of the most common issues include:

• Requests for Evidence (RFEs):
  Often issued for missing documents, incomplete medical exams, or concerns about family relationships or financial sponsorship.

• Delays:
  May stem from background check issues, lost documents, or changes in USCIS staffing and priorities.

• Denials:
  Can result from unlawful presence, fraud, ineligibility, or public charge concerns.

• Complications from Prior Immigration Violations:
  Some applicants require waivers of inadmissibility or legal strategies to overcome past status issues.

Adjustment of Status vs. Consular Processing

Avoid Delays and Denials—Get Trusted Legal Guidance on Your AOS Application

Adjustment of Status can be one of the most efficient ways to obtain permanent residency—but it’s also one of the most scrutinized. A single error or missing document can result in costly delays or even denial. If you’re considering applying for a green card from within the U.S., the legal team at Benach Pitney Reilly Immigration is here to guide you through every step of the process with clarity and confidence. Schedule a consultation today to protect your future and ensure your application is as strong as possible.