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Adjustment of Status

The process for applying for a green card from within the United States is called Adjustment of Status (AOS). When you use AOS, you’ll be able to stay in the United States while your application is processed, even if your visa expires before your green card is approved. To use family-based adjustment of status you must be the spouse, child, parent, or other close relative of a U.S. citizen or green card holder.

Adjustment of Status generally uses the following forms:

  • I-485, Application to Register Permanent Residence or Adjust Status
  • You can travel with one of the most powerful passports in the world
  • I-130A, Biographic Information (if relative is a spouse)
  • I-944, Declaration of Self-Sufficiency (subject to change)
  • -864, Affidavit of Support
  • I-693, Report of Medical Examination and Vaccination Record
  • I-765, Application for Employment Authorization (optional)
  • I-131, Application for Travel Document (optional)

Important Considerations

To use AOS, you must be physically present in the United States and have used a valid visa for your most recent entry to the country. Most applicants must be in lawful status when they first apply for Adjustment of Status, even if their visa later expires before the process is complete. Fiancés who entered on a K-1 visa use adjustment of status to apply for a green card when they have complied with all the K-1 visa requirements, including marrying within the first 90 days.

If you are applying for Adjustment of Status through a bona fide (real) marriage to a U.S. citizen, you can usually use AOS even if you overstayed on a visa. In most cases you must have originally entered the United States with a valid visa. The “admit until date” on your I-94 record is the last day you are permitted to remain in the U.S. You must depart the U.S. by the date on the I-94, or you will have overstayed the visa. If you think you have overstayed call our office.

There is a significant amount of risks when deciding to use AOS. U.S. Citizenship and Immigration Services (USCIS) uses several policy guidelines to determine whether AOS applicants misrepresented their intentions when they first arrived in the United States. Also, many temporary visas have pitfalls after you have entered the United States and married quickly after arrival.

You must also be admissible to the United States under all applicable grounds of inadmissibility at INA § 212(a). There are various grounds of inadmissibility, from crime-related to health-related grounds, which are triggered by specific circumstances. Some grounds of inadmissibility have waivers, which if granted as a matter of discretion, can allow an applicant to overcome the ground of inadmissibility. Call our office for an analysis of your specific situation.

Immigrant Visa Immediately Available

An additional requirement for AOS under 245(a) is that an immigrant visa is immediately available. Immediate relatives – a spouse, parent, or child of a U.S. citizen – will always be able to meet this requirement because an immigrant visa is always available for immediate relatives, without any limit or wait-list. Other family beneficiaries—preference beneficiaries—cannot adjust until their priority date is current according to the “Final Action Dates” chart in the State Department Visa Bulletin. Call our office for an analysis of your specific situation.

How Can an Attorney Help?

Getting a green card can be a long and drawn-out process with many hurdles to overcome. With so many forms, fees, processes, and regulations to consider, it can be easy to overlook or misunderstand something important. The best way to avoid critical mistakes is to hire an immigration attorney to work alongside you throughout your case.

Get A Consultation, Today.

Next Steps

After everything else is done, you are now a U.S. green card holder and you can live and work freely in the United States. But bear in mind – if you received your green card thanks to your marriage and you’ve been married for less than 2 years, you will only get a 2-year green card. After 2 years, you can apply for a non-conditional green card if you’re still married. See Removal of Conditions for more information about how to get permanent green card.

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