
What is Adjustment of Status (AOS)?
Adjustment of Status (AOS) allows non-U.S. citizens already in the United States on a temporary visa to apply for lawful permanent resident status (green card) without leaving the country. It is a common pathway for transitioning from non-immigrant status, such as H-1B or L-1, to immigrant status. Once approved, the applicant receives an I-551 permanent resident card, allowing them to live and work in the U.S. permanently.
One significant advantage of AOS is the ability to remain in the U.S. during the green card application process, even if the current visa expires before the process is complete. This is especially beneficial for those who prefer not to return to their home country for consular processing.
Form I-485: Adjustment of Status Application
Purpose of Form I-485: The 20-page Form I-485 is the main document in the adjustment of status process. It is used by individuals in the U.S. who want to change their status to that of a lawful permanent resident. This form is required for family-based, employment-based, and other types of green cards and involves payment of standard filing fees, including the USCIS filing fee and the biometrics fee.
Concurrent Filing: Immediate relatives of U.S. citizens can file Form I-485 simultaneously with Form I-130, potentially speeding up the process and facilitating a quicker transition.
Update: Beginning August 19, 2024, certain undocumented spouses of U.S. citizens can apply for Parole in Place (PIP) and adjust their status to a marriage-based green card even if they entered the US without legal admission or inspection (without a visa or parole) and would normally be not eligible for adjustment of status. If this applies to you, learn how to apply for PIP.
AOS vs Consular Processing
- Adjustment of Status (AOS): Allows applicants to stay in the U.S. while their green card is processed.
- Consular Processing: Requires applicants to apply for their green card from outside the U.S., processed by the nearest U.S. consulate or embassy.
Both have their own timelines, forms, and costs, but the eligibility requirements are the same. AOS is usually preferred by those who don’t want to go through the travel, expense and hassle of consular processing.
Dealing with USCIS stateside is usually better than dealing with the Embassy. Many U.S. Embassies are non-communicative, non-collaborative and sometimes hostile. In advocating for AOS, applicants have many tools at their disposal (Courts, Congress, USCIS Ombudsman, etc.) Most of those or similar tools have limited or no impact on Embassy actions.

Who is eligible for Adjustment of Status?
To be eligible for AOS, applicants must meet specific criteria:
- Presence in the U.S.: Must be physically present in the U.S. when filing the application and remain in the U.S. until the process is complete (unless granted permission to leave, such as through Advance Parole).
- Lawful Entry: Must have entered the U.S. lawfully, meaning they were admitted or paroled into the country with valid documentation and had a face-to-face interaction with an immigration officer.
- Visa Availability: An immigrant visa (green card) must be available. Immediate relatives of U.S. citizens (spouses, children or parents), usually have visas immediately available, while those in family preference categories (such as a sibling of a US citizen), may need to wait for visa availability as determined by the U.S. Department of State’s Visa Bulletin.
Note: Must have entered the U.S. with a valid visa or under the Visa Waiver Program to be eligible for AOS. The Visa Waiver Program allows citizens of 40 participating countries to travel to the U.S. for business or tourism for up to 90 days without a visa.
Eligible for an Immigrant Visa
To adjust status, you must be eligible for an immigrant visa. Eligibility is typically based on an approved immigrant petition, but various categories under U.S. immigration law can make you eligible. Here is an expanded list:
- Family-Based
- Immediate Relatives of U.S. Citizens:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens (if the U.S. citizen is 21 or older)
- Other Family Members:
- Unmarried adult sons and daughters of U.S. citizens
- Married sons and daughters of U.S. citizens
- Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 or older)
- Spouses and unmarried children (under 21) of lawful permanent residents (LPRs)
- Unmarried sons and daughters (21 and older) of LPRs
- Fiancé(e) of U.S. Citizens: Individuals engaged to U.S. citizens and entering the U.S. on a K-1 visa.
- Widow(er)s of U.S. Citizens: Surviving spouses of U.S. citizens who were married at the time of the citizen’s death.
- VAWA Self-Petitioners: Spouses, children, or parents who are victims of domestic violence by a U.S. citizen or LPR.
- Immediate Relatives of U.S. Citizens:
- Employment-Based
- EB-1: Priority Workers
- Individuals with extraordinary ability in sciences, art, education, business, or athletics
- Outstanding professors and researchers
- Multinational executives and managers
- EB-2: Advanced Degree Professionals and Persons of Exceptional Ability
- Professionals with advanced degrees or exceptional abilities in the art, sciences, or business
- Individuals whose employment is in the national interest of the U.S.
- EB-3: Skilled Workers, Professionals, and Other Workers
- Skilled workers with at least two years of training or experience
- Professionals with a U.S. bachelor’s degree or equivalent
- Other workers performing unskilled labor
- EB-4: Special Immigrants
- Religious workers
- Certain international employees and their families
- Employees of international organizations and NATO
- Special immigrant juveniles (SIJ)
- Broadcasters
- Members of the U.S. armed forces
- Certain Afghan and Iraqi nationals who supported U.S. operations
- EB-5: Immigrant Investors
- Individuals who invest $1 million (or $500,000 in targeted employment areas) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers
- EB-1: Priority Workers
- Diversity Visa
- Diversity Immigrants: Individuals selected through the Diversity Visa Lottery to increase immigration from countries with historically low rates of immigration to the U.S.
- Other Categories
- Asylees and Refugees: Asylees and refugees who have been in the U.S. for at least 1 year and want to adjust status.
- Individuals under NACARA: Nationals from certain countries in Central America and former Soviet bloc countries who may be eligible to adjust status under the Nicaraguan Adjustment and Central American Relief Act (NACARA).
- T and U Visa Holders: Victims of human trafficking (T visa) and victims of crimes (U visa) who cooperate with law enforcement.
Dependent Eligibility
Spouses and children of applicants in these categories may also adjust status based on their relationship to the principal applicant.
Bars to Adjustment of Status
Some circumstances or actions can make an applicant ineligible to adjust status. These ineligibilities are called “bars” and are based on specific grounds in the Immigration and Nationality Act (INA). Knowing these bars is important because they can prevent you from becoming a lawful permanent resident.
Common Bars to Adjustment of Status
- Unlawful Immigration Status at the Time of Filing: Applicants not in lawful immigration status on the date they filed Form I-485 may be barred from adjusting status. This includes individuals who overstayed their visa or were present in the U.S. without authorization.
- Failure to Maintain Continuous Lawful Status: If you failed to maintain lawful status continuously since your last entry into the U.S., you might be barred from adjusting your status. This means any gaps in your lawful status could affect your eligibility.
- Unauthorized Employment: Working without authorization from USCIS can bar you from adjusting your status. This applies to those who worked without proper documentation, including those unauthorized to work under their visa status.
- Entry as a Crewman: Non-citizens admitted to the U.S. as crewmen (D-1 or D-2 visa holders) are generally barred from adjusting their status, as their entry was for a temporary employment-related purpose.
- Entry Without a Visa Under the Visa Waiver Program: Non-citizens who entered the U.S. under the Visa Waiver Program (VWP) are typically barred from adjusting their status unless they are immediate relatives of U.S. citizens. The VWP allows citizens of certain countries to enter the U.S. without a visa for short stays, but it comes with strict conditions, including a bar on adjusting status.
- Admission as a Transit Without Visa (TWOV): Individuals admitted as a TWOV, where they were allowed to transit through the U.S. without a visa (except C-1 visa holders), are also barred from adjusting status. This category typically applies to those traveling through the U.S. in route to another country.
- Involvement in Terrorist Activity: Any individual deportable for engaging in or supporting terrorist activities is barred from adjusting status. This is one of the most severe bars and includes a broad range of activities that could be interpreted as support for terrorism.
- Violations of the Terms of a Nonimmigrant Visa: Non-immigrants who violate the terms of their visa, such as overstaying or engaging in unauthorized employment, may be barred from adjusting their status. This bar is closely related to unauthorized employment but is broader, encompassing any violation of visa terms.
Overlapping Bars
In some cases, more than one bar may apply. For example, if you overstayed your visa and worked without authorization, you may be subject to multiple bars. Each bar must be addressed in the adjustment of status process, and exemptions or waivers must be explored if available.
Exemptions and Waivers from Bars
Congress has provided exemptions from certain bars to adjustment of status for specific categories of immigrants, including:
- Immediate Relatives of U.S. Citizens: Includes spouses, parents, and unmarried children under 21 of U.S. citizens, exempt from several bars, including unlawful status and unauthorized employment.
- VAWA Self-Petitioners: Exempt from many bars that would otherwise apply.
- Special Immigrants: Certain special immigrants, such as religious workers and special immigrant juveniles, may be exempt from specific bars.
- INA 245(k) Exemption: Employment-based applicants in the first, second, third, and certain fourth preference categories may qualify for an exemption under INA 245(k). This applies if you have not violated your non-immigrant status, worked without authorization, or failed to maintain lawful status for more than 180 days since your last lawful admission.
Waivers
If barred from adjusting status, you must determine if you are eligible for a waiver of inadmissibility. Waivers are granted on a case-by-case basis and often require showing that denial of adjustment would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.

How to get a green card through Adjustment of Status
Step 1: Check Your Eligibility: Ensure your current visa status allows AOS. Confirm that there are no disqualifications, such as unauthorized employment or unlawful entry. Some exceptions or waivers may apply, so consult an immigration attorney if necessary.
It should be noted that overstay and unauthorized employment are not bars to adjustment of status for those who are being sponsored by a US citizen immediate relative such as spouse, adult child, or parent on behalf of a minor/unmarried child.
Step 2: File an Immigrant Petition: Depending on the category, file the appropriate form (e.g., Form I-130 for family-based, Form I-140 for employment-based, Form I-730 for humanitarian immigration or Form I-601 for special juveniles).
Step 3: Wait for Approval and Visa Availability: For those in family preference categories, monitor the Visa Bulletin to know when your priority date becomes current.
Step 4: File Form I-485: Once your priority date is current, file Form I-485 to officially start the AOS process.
Step 5: Set-Up Online Account with USCIS: Follow the instructions on the I-797 receipt that USCIS issues when they receive your I-485. It will have directions on how to set-up an online account for your I-485 so that you can receive immediate notification of any developments on your case. This is beneficial as physical mail is sometimes lost or not delivered. Also, if you want to upload additional information, you can do so on your online account.
Step 6: Biometrics Appointment: After filing Form I-485, you will be scheduled for a biometrics appointment where USCIS will take your fingerprints and other biometric information.
Step 7: Interview (if required): Some applicants may need to attend an interview at a USCIS office to verify information and eligibility. Bring all the original documents and be prepared to answer questions.
Step 8: Submit Additional Evidence if Requested: USCIS may request additional documentation to support your application. Respond to any Request for Evidence (RFE) or Notice of Intent to Deny as soon as possible to avoid delays.
Step 9: Get the Decision: USCIS will notify you in writing. If approved, your status will be adjusted to lawful permanent resident, and your green card will be mailed to you. In the meantime, if you need evidence of your permanent residency to travel, for employment or for a driver license application, you can also set-up an Info Pass appointment with USCIS, requesting an I-551 ADIT stamp which is temporary evidence of your status.
How much does adjustment of Status Cost?
- I-130 Petition: $675
- I-485 Application: $1,440 (includes biometrics fee)
- Children Under 14 Filing with one Parent: $950
- Total Estimated Cost: Approximately $2,115, additional costs for employment and travel authorization applications (which are pricey).
Additional Forms: Work authorization and advance parole applications cost an additional $1,150 ($520 for I-765 work authorization and $630 for I-131 advance parole). Therefore, the total government fee for the AOS package, excluding medical costs, is $3,265.
Additional Costs:
- Passport Photos: Required for the application.
- Translation Services: If documents are not in English, certified translations are required.
- Optional Legal Assistance: Attorney fees range from $3,000 to $7,000 depending on your case.
Adjustment of Status Timeline
The AOS process typically takes 6 to 18 months after filing Form I-485. However, this can vary based on several factors:
- USCIS Workload: Processing times fluctuate based on the number of applications USCIS is handling.
- Interview: If required, this will extend the timeline.
- Request for Evidence: Additional documentation requests can delay the process.
- Waiting Period: For those in family preference categories, waiting for the visa availability to become current can add to the overall timeline.
Documents Required for Adjustment of Status
Key documents include:
- Form I-485: Application to Register Permanent Residence or Adjust Status.
- I-94 Arrival/Departure Record: Showing your lawful entry into the U.S.
- Birth Certificate: As proof of your identity and nationality.
- Immigrant Petition: Copy of your approved Form I-130, I-140 or I-730 depending on your green card category.
- Marriage Certificate: If applying based on marriage to a U.S. citizen or permanent resident.
- Form I-130A: Biographic Information if applying based on spousal relations.
- Form I-864: Affidavit of Support, showing your sponsor can financially support you.
- Employment Documents: If applying based on employment, include job offer letter and any previously issued employment authorization documents (EAD).
- Medical Examination Results: Form I-693, Report of Medical Examination and Vaccination Record, sealed by a USCIS-approved doctor.
- Passport Photos: Two passport-sized photos that meet USCIS photo requirements.
- Optional Forms: Form I-765 for employment authorization and Form I-131 for a travel document.

Disqualifiers for Adjustment of Status
You may be disqualified from AOS:
- Unlawful Entry: Entering the U.S. without inspection or a valid visa will make you inadmissible.
- Unauthorized Employment: Working in the U.S. without proper authorization will disqualify you unless you qualify for a waiver.
- Criminal Record: Certain criminal convictions will bar you from adjusting status.
- Nonimmigrant Visa Violations: Violating the terms of your current visa, such as overstaying, will get you denied.
- Misrepresentation/Fraud: Providing false information to the U.S. Embassy, U.S. Customs and Border Protection or to USCIS will disqualify you from adjustment of status.
Note: Waivers and exceptions may be available for certain disqualifications. Consult with an immigration attorney to discuss your options.
Adjustment of Status Mistakes to Avoid
Don’t:
- Incomplete Supporting Documents: Fail to submit required documents like marriage or birth certificates can delay your application.
- Errors on Forms: Double check your application for mistakes to avoid unnecessary delays.
- Missing Appointments: Fail to attend your biometrics or interview appointments and get your application denied.
- Missing Deadlines: Submit all forms and responses on time to maintain your lawful status and keep your application on track.
- Delayed Responses to USCIS: Respond quickly to any requests for additional information or documentation to avoid delays.
The 90-Day Rule for Adjustment of Status: What You Need to Know
When applying for adjustment of status in the U.S., one important concept to be aware of is the “90-Day Rule”. This is a guideline used by U.S. Citizenship and Immigration Services (USCIS) to determine if an individual who entered the U.S. on a non-immigrant visa had a pre-conceived intent to immigrate. This is crucial especially for those who plan to marry a U.S. citizen or take other steps towards permanent residency shortly after entering the U.S.
What is the 90-Day Rule? is a USCIS policy to determine the intent of non-immigrant visa holders when they entered the United States. This rule is applicable to individuals who entered the U.S. on a non-immigrant visa such as B-2, F-1 or H-1B and then marry a U.S. citizen or take other major steps towards getting permanent residency within 90 days of their arrival.
The Presumption of Preconceived Intent: Under the 90-Day Rule, if a non-immigrant visa holder marries a U.S. citizen or applies for adjustment of status within 90 days of their entry to the United States, USCIS may assume that the individual had a preconceived intent to immigrate when they entered the country.
For example, if someone enters the U.S. on a tourist visa which is for short term visit and not for immigration purposes and then marries a U.S. citizen within the first 90 days, USCIS will question whether the individual really intended to go back to their home country or if they always planned to stay in the U.S. permanently.
Rebutting the Presumption: The good news is that the presumption of preconceived intent is rebuttable. This means applicants can provide evidence to USCIS that, they did not have an intent to immigrate when they initially entered the U.S. on a non-immigrant visa.
Some ways to rebut the presumption include:
- Providing detailed explanation of circumstances: Applicants can explain the circumstances that led to their marriage or application for adjustment of status within the 90-day period. For example, if the marriage was spontaneous and not planned before entering the U.S., this should be clearly stated.
- Offering evidence of changed circumstances: In some cases, events or circumstances may have changed after the individual’s arrival in the U.S. that prompted their decision to marry or apply for adjustment of status. Documenting these changes can help rebut the presumption of preconceived intent.
- Submitting affidavits: Affidavits from the applicant, the U.S. citizen spouse and other individuals who can attest to the legitimacy of the relationship or change in circumstances can be helpful in rebutting the presumption.
What if the Presumption is Not Rebutted? If an applicant cannot rebut the presumption of preconceived intent, their adjustment of status application will be denied. In some cases, USCIS may also find that the individual committed fraud or willful misrepresentation which can have serious consequences including being barred from re-entering the U.S. in the future.
What to Do If You Are Affected by the 90-Day Rule: If you are planning to marry a U.S. citizen or apply for adjustment of status and you entered the U.S. on a non-immigrant visa within the last 90 days, you should be aware of the 90-Day Rule. Here’s what you can do:
- Seek advice: Given the complexity of U.S. immigration law and the consequences of denial, it’s highly recommended consult with an experienced immigration attorney before you take any step that can trigger the 90-Day Rule.
- Document your intent: If you decide to marry or apply for adjustment of status within the 90-day period, ensure you have all the documentation of your intent and the circumstances surrounding your decision. This documentation can be helpful in rebutting the presumption of preconceived intent.
- Be ready to provide evidence: USCIS may request additional evidence or an interview to review your case. Be ready to provide detailed explanation to prove that your actions were not pre-planned before entering the U.S.

Who Can Adjust Status and File Form I-485 in the U.S.?
Eligibility for AOS involves meeting several criteria, including lawful entry, physical presence in the U.S., and visa availability. Certain categories, such as parole in place for undocumented family members of U.S. citizens and DACA recipients, have specific pathways to meet these requirements.
Special Considerations for Those Who Entered Without Inspection
For those who entered the United States without inspection, there are specific paths to obtain parole and meet the eligibility requirements for adjustment of status. These paths include:
- Parole in Place for Undocumented Spouses and Family Members: Undocumented spouses, children and parents of U.S. citizens or legal permanent resident may be eligible for parole in place. This discretionary grant of parole is to protect family unity and allow these individuals to adjust status in the U.S.
- Parole in Place Through Military Service: Spouses and parents of U.S. military personnel, including active-duty members, veterans and those in the Selected Reserve may be granted parole in place. This allows them to adjust status even if they entered the U.S. without inspection.
- DACA Recipients and Advance Parole: Deferred Action for Childhood Arrivals (DACA) recipients can apply for advance parole to travel outside the U.S. for humanitarian, educational, or employment purposes. Upon reentry to the U.S. on advance parole they are considered to have been “inspected and paroled” and can apply for adjustment of status.
- Adjusting Status After Parole: Once an individual who entered without inspection has been granted parole through any of the above programs, they can file Form I-485, the adjustment of status form.
Key Points to Remember
- Timing: Parole must be granted before you file for adjustment of status. If you filed for adjustment of status before parole was granted, it may be denied.
- Maintaining Eligibility: After being paroled, you must still meet all other eligibility requirements, including visa availability and admissibility to adjust status.
- Continuity of Status: In most cases, if you receive parole in place or reenter the U.S. on advance parole you must maintain lawful status to avoid other bars to adjustment unless you qualify for an exemption.
Check Your Case Status
Throughout the AOS process, it’s essential to stay informed about your case status. You can check your case status by logging into your USCIS online account or by visiting the USCIS website and entering your case number.
If your case is taking longer than expected consulting with an immigration attorney can help identify the delays and explore options to expedite your case. You can contact USCIS online, by phone, by reaching out to your Congressional representative, or by contacting the USCIS Ombudsman.
Post-Approval Steps
Once you receive your green card, you can work, live, and travel internationally. If your green card is conditional (valid for two years), you must apply to remove the conditions before it expires.
After five years of having a green card (or three years if married to a U.S. citizen or if you obtained a VAWA green card based on marriage to a U.S. citizen), you may be eligible to apply for U.S. citizenship through naturalization. Meeting all requirements, including residency and good moral character, will allow you to enjoy the full benefits of being a U.S. citizen.

FAQ: Questions About Form I-485 and Adjustment of Status
Providing Support for AOS
In conclusion, successfully navigating the adjustment of status forms is a crucial step for any foreign national seeking to obtain permanent residency in the United States. Whether you are filing as an alien relative or through employment, ensuring that your status applications are complete and accurate is essential. This includes paying the correct fee and submitting your forms to the appropriate local USCIS office.
Understanding the status processing times and status requirements can help you plan accordingly, minimizing delays and avoiding complications. Preparing thoroughly for your status interview is also key, as it is a pivotal moment in your journey to becoming a green card holder.
By staying informed and adhering to USCIS guidelines, you’ll be well on your way to securing a brighter future as a lawful permanent resident in the U.S.
The Herman Legal Group has been providing vigorous representation of clients in AOS cases for nearly 30 years. Whether you need just a consultation to analyze your case or review for potentially complicated factors, or you need full representation, we are happy to help.
Expert Legal Help At Herman Legal Group, LLC
24/7 Support, Just A Call Away!