What Is Adjustment Of Status?
Adjustment of Status (AOS) is the process that allows an eligible foreign national who is already in the United States to apply for lawful permanent resident status (a Green Card) without traveling abroad for an immigrant visa interview. The primary application is Form I-485, Application to Register Permanent Residence or Adjust Status, under INA § 245(a) and applicable regulations in 8 C.F.R. Part 245.
Adjustment of Status may be available through several immigration categories, including family-based immigration, employment-based immigration, humanitarian programs, and certain special immigrant classifications. Eligibility depends on the applicant's immigration category, current status, immigration history, visa availability, and whether the applicant is otherwise eligible and admissible under U.S. immigration law.
For marriage-based Adjustment of Status, an eligible spouse of a U.S. citizen may generally file Form I-130, Petition for Alien Relative, together with Form I-485 when an immigrant visa is immediately available. Spouses of lawful permanent residents may also qualify, but visa availability and the applicant's priority date can affect when Form I-485 may be filed.While an Adjustment of Status application is pending, eligible applicants may also apply for employment authorization through Form I-765 and advance parole through Form I-131. However, filing Form I-485 does not automatically provide lawful status or permission to work or travel, so applicants should understand the consequences of leaving the United States or engaging in unauthorized employment.
The AOS process generally involves submitting supporting documentation, attending biometrics if required, responding to requests for evidence when necessary, and potentially attending an interview with U.S. Citizenship and Immigration Services (USCIS). USCIS evaluates whether the applicant satisfies the applicable eligibility requirements and is admissible or qualifies for any available waiver.
Not everyone in the United States can adjust status. Issues such as unlawful entry, status violations, unauthorized employment, certain criminal or immigration violations, prior removal proceedings, fraud or misrepresentation, and inadmissibility grounds may affect eligibility. Some applicants may instead need consular processing or may require an applicable waiver before becoming permanent residents. Since Adjustment of Status eligibility depends heavily on an individual's immigration history and circumstances, applicants should carefully evaluate their eligibility before filing Form I-485.
Disclaimer: This content is shared for general educational purposes only and does not constitute legal advice. Viewing or interacting with this content does not create an attorney-client relationship. Immigration situations vary from case to case. For legal guidance specific to your situation, consult with a licensed immigration attorney.
