Green Card Through Adjustment of Status
The Adjustment of Status (AOS) process is a crucial pathway for individuals already in the United States to transition from their current visa status to lawful permanent residency, often referred to as obtaining a green card. Unlike consular processing, AOS allows applicants to complete their green card application without leaving the country. It’s a convenient option for eligible individuals, whether they are family members of U.S. citizens, employment-based visa holders, or fall under other categories like refugees or asylees.
What is Adjustment of Status (AOS)?
Adjustment of Status is the process an individual must go through when applying for a green card from within the U.S. rather than through a U.S. embassy or consulate abroad. This route eliminates the need for applicants to return to their home countries for visa interviews, offering a seamless way to change immigration status while staying in the U.S.
Who Can Apply?
Several groups of individuals are eligible to apply for adjustment of status:
● Immediate relatives of U.S. citizens, such as spouses, parents, and children under 21.
● Family preference categories, including adult children or siblings of U.S. citizens and spouses or unmarried children of green card holders.
● Employment-based visa holders, such as those changing from an H1B visa to a green card through an employment sponsorship.
● Special categories, including refugees, asylees, U visa holders, and more.
Eligibility Requirements for AOS
Lawful Entry
Applicants must demonstrate they entered the U.S. legally, such as on a valid visa or parole.
Visa Availability
A visa number must be available in the applicant’s category, as shown in the Visa Bulletin published every month by the U.S. Department of State.
No Bar to Adjustment
Certain issues, like unauthorized work or overstaying a visa, may affect eligibility. However, immediate relatives of U.S. citizens may be exempt from some of these barriers.
The Adjustment of Status Process
Step 1: File Form I-485
Form I-485, also known as the Application to Register Permanent Residence or Adjust Status, is the cornerstone of the AOS process. Applicants must include supporting documents such as:
● I-94 record of lawful entry.
● Birth certificate.
● Marriage certificate (if applying through marriage).
Step 2: File Supporting Forms
Other forms are often submitted alongside the I-485:
● Form I-130: A petition filed by a U.S. citizen or green card holder relative in family-based cases.
● Form I-765: To apply for a work permit.
● Form I-131: To request advance parole, allowing travel outside the U.S. while the application is pending.
Step 3: Biometrics Appointment
Applicants attend a biometrics appointment where fingerprints, photos, and signatures are taken for background checks.
Step 4: Attend the Interview
A green card interview is typically held at a local USCIS office. During the interview, an officer reviews the application, verifies the information, and may ask for additional documents. For cases like adjustment of status for a green card through marriage with a green card holder, the interview may involve questions to confirm the legitimacy of the relationship.
Step 5: Receive a Decision
The final outcome may include:
● Approval: The applicant receives their green card by mail.
● Request for Evidence (RFE): USCIS may request additional documentation to clarify issues.
● Denial: Ineligible applicants can explore appeal or reapplication options.
Processing Times for AOS
General Timeline
The AOS process typically takes 6 months to 2 years, depending on the case type and USCIS workload.
Factors That Affect Processing Time
Delays can occur due to case complexity, incomplete documentation, or the need for an interview.
How to Check Your Case Status
Applicants can use the USCIS online case tracker for updates by entering their receipt number.
Benefits of Adjustment of Status
Stay in the U.S. During Processing
Unlike consular processing, AOS lets applicants remain in the U.S. throughout the application process.
Work and Travel While Waiting
Individuals can apply for a work permit and advance parole, which lets them work and travel internationally while their application is being reviewed.
Common Challenges in the AOS Process
Inadmissibility Issues
Certain factors, such as criminal records or prior immigration violations, may render applicants inadmissible. Waivers are sometimes available to address these issues.
Requests for Evidence (RFEs)
USCIS may issue RFEs for missing documents or insufficient proof of eligibility. For example, in cases involving adjustment of status from H1B to green card through marriage, additional evidence like photos or joint financial records may be requested.
Denials and Appeals
Applicants denied AOS can file a Motion to Reopen, appeal the decision, or reapply if circumstances change.
Practical Tips for a Smooth AOS Process
Be Thorough with Documentation
Ensure all forms are complete and accurate. Provide certified translations for non-English documents.
Respond Quickly to RFEs
Address USCIS requests promptly to avoid delays.
Seek Professional Help if Needed
For complex cases, consult an immigration attorney or accredited representative.
Prepare for the Interview
Review your application, organize original documents, and rehearse possible interview questions.
FAQs About Adjustment of Status
Can I work while my AOS is pending?
Yes, you can work if you apply for and receive a work permit using Form I-765.
Can I travel outside the U.S. during the AOS process?
Yes, but you need advance parole (Form I-131) to ensure your application is not abandoned.
What happens if my application is denied?
If denied, you may appeal, reapply, or explore alternative immigration options.
Special Considerations for AOS
Immediate Relatives of U.S. Citizens
This group benefits from faster processing times and exemptions from certain bars, like unauthorized employment.
Employment-Based Applicants
Applicants transitioning from an H1B visa to a green card must maintain lawful status during the process and may require employer sponsorship.
Asylum and Refugee Applicants
Refugees and asylees can apply for AOS after one year of being granted their status.
Get Help With the Adjustment of Status Process at Hurtubise Weber Law
Adjustment of Status offers a unique opportunity for individuals already in the U.S. to secure permanent residency without the need to travel abroad. At Hurtubise Weber Law, proudly serving San Francisco and San Jose, CA, we simplify the process by breaking down the steps and providing tailored support to address your specific circumstances. Whether you’re applying through family, employment, or special programs, our committed team is here to guide you every step of the way. Contact Hurtubise Weber Law today to make your journey toward a green card smooth, informed, and stress-free—your path to permanent residency begins with us.