What Is Adjustment of Status?

Adjustment of status (AOS) is the process that allows certain individuals who are physically present in the United States to apply for lawful permanent residence (a Green Card) without leaving the country or going through a U.S. embassy or consulate abroad.

The application is made using Form I-485, and it is available to immigrants who already have an approved petition and meet specific eligibility criteria.

Eligibility Requirements

To qualify for adjustment of status, the applicant must meet the following:

✔️Have an approved immigrant petition, such as:

• Form I-130 (family-based)
• Form I-140 (employment-based)
• Form I-360 (religious workers, widows/widowers, etc.)

✔️Be physically present in the U.S. at the time of filing.

✔️Have entered the U.S. legally (exceptions exist for some categories).

✔️Have a visa number available according to the Visa Bulletin (unless in an “immediate relative” category).

✔️Be admissible to the U.S. (i.e., no serious criminal history, prior immigration violations, health issues, etc.).

Step-by-Step Process

1. Complete Form I-485 and gather all required supporting documents.
2. Submit the full package to USCIS with the appropriate fees.
3. Receive a biometrics appointment notice and attend the fingerprinting session.
4. Attend a USCIS interview (required in most cases).
5. Receive a decision:
   • If approved, the applicant is granted permanent resident status and receives the Green Card.
   • If denied, USCIS provides a reason and potential next steps.

📄Required Documents

• Completed and signed Form I-485
• Copy of approval notice for the immigrant petition (e.g., I-130, I-140)
• Proof of lawful entry (I-94, visa, passport entry stamp)
• Form I-693 – medical examination by a USCIS-authorized civil surgeon
• Form I-864 – Affidavit of Support (if applying through family)
• Civil documents:
  • Birth certificate
  • Marriage/divorce certificates
  • Identity documents
• Two passport-style photographs
• Filing fee payment (currently $1,140 + $85 for biometrics)

Key Restrictions

⚠️ You cannot leave the U.S. while your I-485 is pending unless you have been granted Advance Parole (travel authorization via Form I-131). If you leave without it, your case may be considered abandoned.

⚠️ Some applicants do not qualify for AOS (e.g., those who entered without inspection, unless protected by certain exceptions like INA 245(i)).

Can You Include Family Members?

Yes. A spouse and unmarried children under 21 years old can file their own I-485 applications as derivative beneficiaries, if they are also in the U.S. and meet the eligibility criteria.

Expected Processing Time

• Typically 8 to 18 months, depending on the USCIS field office, case complexity, and whether an interview is waived.
• Use the USCIS processing times tool for updates based on your location.

Frequently Asked Questions

• Can I work while my I-485 is pending?
  Yes, if you apply for and receive a work permit (EAD) using Form I-765.
• Can I travel outside the U.S. while waiting?
  Only if you obtain Advance Parole first (via Form I-131). Without it, your application may be canceled.
• Is an interview always required?
  In most cases, yes — particularly for family-based and employment-based AOS applications.
• What if my current visa or status expires while I wait?
  As long as your I-485 was filed while you were in valid status, you may remain lawfully in the U.S. while it is pending.
• Can my I-485 be denied?
  Yes. Common reasons include:
  • Inadmissibility
  • Fraud or misrepresentation
  • Failure to submit required documentation
  • Ineligibility under the immigration category