Adjustment of status

Adjustment of Status (AOS) is the process by which an eligible individual already present in the United States applies for lawful permanent resident status (a green card) without having to leave the country. Form I-485, Application to Register Permanent Residence or Adjust Status, is filed with USCIS.

37 steps across 4 sections

1. Eligibility

  • Physical presence You must be physically present in the United States when filing and at the time of approval.
  • Lawful admission or parole You must have been inspected and admitted or paroled into the U.S. (some exceptions exist for certain categories).
  • Immigrant visa availability An immigrant visa number must be immediately available (check the Visa Bulletin monthly).
  • Eligible categories include
  • Immediate relatives of U.S. citizens (spouse, parent, unmarried child under 21)
  • Family preference immigrants with current priority dates
  • Employment-based immigrants with current priority dates
  • Diversity visa lottery selectees
  • Asylees and refugees (1+ year after grant)
  • VAWA self-petitioners

2. Steps Process

  • Confirm eligibility: Verify your category, check visa availability in the Visa Bulletin, and ensure you meet all requirements.
  • Check USCIS filing chart: Visit uscis.gov/visabulletininfo each month to see whether USCIS accepts filings under Final Action Dates or Dates for Filing.
  • Prepare and file Form I-485 with supporting documents and filing fee.
  • File concurrent applications: Form I-765 (EAD for work authorization) and Form I-131 (Advance Parole for travel).
  • Receive receipt notice (Form I-797C) confirming acceptance.
  • Attend biometrics appointment: Typically 3-6 weeks after filing for fingerprints and photographs.
  • Receive EAD/AP combo card: Usually 3-5 months; allows work and international travel while I-485 is pending.
  • Wait for interview scheduling (some categories have interviews waived).
  • Attend USCIS interview at local field office with all original documents.
  • Receive decision: Approval, denial, or request for additional evidence.

3. Documents Needed

  • Form I-485 with filing fee
  • Copy of passport and all U.S. visa pages
  • Copy of I-94 arrival/departure record
  • Birth certificate with English translation
  • Two passport-style photographs
  • Form I-693 (sealed medical examination from USCIS civil surgeon)
  • Copy of approval notice for underlying petition (I-130, I-140, etc.)
  • Form I-864 Affidavit of Support (family-based and some employment-based)
  • Police clearance certificates (if applicable)
  • Court disposition records (if applicable)

4. Timeline

  • Family-based (immediate relatives) 6-18 months.
  • Family-based (preference categories) 8-24 months after visa number becomes available.
  • Employment-based 11-31.5 months.
  • Biometrics 3-6 weeks after filing.
  • EAD/AP card 3-5 months.
  • Interview 6-14 months after filing (varies by field office).
  • Average overall: 8-14 months, but widely variable.

Common Mistakes

  • Filing when visa number is not available
  • Using the wrong Visa Bulletin chart
  • Not including the medical exam
  • Traveling without Advance Parole
  • Unauthorized employment

Pro Tips

  • Always file I-765 and I-131 concurrently
  • Monitor the Visa Bulletin monthly
  • Keep your passport valid
  • Do not travel internationally
  • Bring extra evidence to the interview

Sources

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