For many immigrants, becoming a lawful permanent resident is one of the most important milestones on the path toward building a future in the United States. If you’re already in the U.S., you may not have to leave the country to obtain a Green Card. Instead, you may qualify for a process known as Adjustment of Status.
Adjustment of Status (AOS) allows certain eligible individuals to apply for lawful permanent resident status while remaining in the United States. Rather than applying for an immigrant visa through a U.S. embassy or consulate abroad, eligible applicants can complete the process through U.S. Citizenship and Immigration Services (USCIS).
While Adjustment of Status can be an excellent option, not everyone qualifies. Understanding the requirements before filing can help you avoid delays, requests for evidence, or even denial of your application.
What Is Adjustment of Status?
Adjustment of Status is the legal process that allows certain noncitizens who are physically present in the United States to become lawful permanent residents (Green Card holders) without traveling to a U.S. consulate overseas.
Once approved, you receive permanent resident status and may live and work permanently in the United States, subject to immigration laws.
Who Qualifies for Adjustment of Status?
Eligibility depends on several factors and varies from case to case.
Common categories that may qualify include:
- Immediate relatives of U.S. citizens.
- Certain family-sponsored immigrants.
- Some employment-based immigrants.
- Refugees and asylees who meet eligibility requirements.
- Certain special immigrant categories established by federal law.
Meeting one of these categories alone does not automatically guarantee eligibility.
General Eligibility Requirements
Although requirements vary depending on the immigration category, applicants generally must satisfy several legal requirements under the Immigration and Nationality Act.
USCIS will review issues such as:
- Eligibility under an immigrant category.
- Admissibility to the United States.
- Availability of an immigrant visa, when required.
- Compliance with applicable immigration laws.
Each application is reviewed individually.
Who Is Not Eligible?
Some individuals may be ineligible for Adjustment of Status due to factors such as:
- Certain immigration violations.
- Specific criminal convictions.
- Fraud or misrepresentation.
- Certain unlawful entries.
- Other grounds of inadmissibility under immigration law.
However, some applicants may qualify for waivers or other forms of immigration relief.
An attorney can determine whether options exist despite potential eligibility issues.
What Is the Adjustment of Status Process?
Although every case is different, the process generally includes:
- Determine eligibility.
- Prepare the required USCIS forms.
- Submit supporting documentation.
- Attend a biometrics appointment.
- Respond to any Requests for Evidence (RFEs), if necessary.
- Attend an interview if required.
- Receive a decision from USCIS.
Some applicants may have their interview waived, while others will be required to appear.
What Documents Are Commonly Required?
Supporting documentation often includes:
- Birth certificate.
- Passport.
- Immigration records.
- Marriage certificate, if applicable.
- Evidence supporting the immigrant petition.
- Financial sponsorship documents when required.
- Additional documents depending on the immigration category.
USCIS requirements vary depending on each applicant’s circumstances.
Can You Work While Waiting?
Many Adjustment of Status applicants may be eligible to apply for employment authorization while their application is pending.
Whether employment authorization is available depends on the specific circumstances and applicable immigration laws.
Can You Travel While Your Application Is Pending?
International travel while an Adjustment of Status application is pending can be legally complicated.
Leaving the United States without appropriate authorization may have serious consequences in some cases.
Before making international travel plans, applicants should speak with an experienced immigration attorney.
What Happens at the USCIS Interview?
Some applicants are required to attend an interview with USCIS.
During the interview, an immigration officer may:
- Verify identity.
- Review the application.
- Confirm eligibility.
- Ask questions regarding the supporting documentation.
- Request clarification about the information submitted.
Preparation is extremely important before attending the interview.
How Long Does Adjustment of Status Take?
Processing times vary significantly based on factors such as:
- USCIS workload.
- Immigration category.
- Office location.
- Case complexity.
- Requests for additional evidence.
Applicants should review current USCIS processing times for the most up-to-date estimates.
Common Reasons Applications Are Delayed
Delays may occur because of:
- Missing documentation.
- Incomplete forms.
- Requests for Evidence (RFEs).
- Background checks.
- Interview scheduling.
- USCIS processing backlogs.
Submitting a complete application from the beginning can help reduce unnecessary delays.
Common Mistakes to Avoid
Applicants should avoid:
- Filing before confirming eligibility.
- Submitting incomplete forms.
- Providing inaccurate information.
- Missing USCIS deadlines.
- Traveling internationally without understanding the immigration consequences.
- Attending the interview without proper preparation.
Careful planning often leads to a smoother application process.
Frequently Asked Questions
What is Adjustment of Status?
Adjustment of Status is the process that allows certain eligible immigrants to apply for a Green Card while remaining in the United States.
Do I have to leave the U.S.?
Not if you qualify for Adjustment of Status. Eligible applicants generally complete the process without leaving the country.
Can I work while my application is pending?
Many applicants may qualify for employment authorization while waiting for USCIS to decide their case.
How long does the process take?
Processing times vary depending on the applicant’s circumstances and USCIS processing times.
Should I hire an immigration attorney?
Because Adjustment of Status applications involve detailed eligibility requirements and extensive documentation, working with an experienced immigration attorney can help avoid costly mistakes.
Why Choose Orange Law?
Applying for a Green Card is one of the most important immigration decisions you’ll ever make.
At Orange Law, we guide clients through every stage of the Adjustment of Status process—from determining eligibility to preparing applications and attending USCIS interviews.
Our attorneys assist with:
- Adjustment of Status
- Family-Based Green Cards
- Marriage-Based Green Cards
- Employment Authorization
- Waivers
- USCIS Interviews
- Requests for Evidence
- Immigration Appeals
We are committed to helping families achieve lawful permanent residence with confidence.
Contact Orange Law Today
If you’re wondering whether you qualify for Adjustment of Status, don’t navigate the immigration process alone.
Contact Orange Law today for a confidential consultation. Our experienced immigration attorneys can evaluate your eligibility, prepare your application, and help you pursue your goal of becoming a lawful permanent resident of the United States.