Adjustment of Status (AOS): Your Complete Guide to Obtaining a Green Card in the U.S.

You’ve made it this far, but the journey’s far from over. Adjusting your status to a permanent resident while staying in the U.S. can be complex and time-consuming. But with the right information, you can navigate this process confidently—and quickly.

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If you’re already in the U.S. and looking to adjust your status, this guide is for you. From understanding the eligibility criteria to tackling delays head-on, the following information will equip you with the knowledge and tools needed to stay ahead. Let’s dive in.

Introduction to Adjustment of Status

What is Adjustment of Status?

Let’s start with the basics. Adjustment of Status (AOS) allows individuals in the U.S. to apply for a Green Card without needing to leave the country. It’s a process that can take anywhere from 8 to 14 months—or much longer if you’re dealing with delays. But if you're eligible, it’s the most straightforward path to permanent residency, especially compared to consular processing, which requires you to leave the U.S. for an interview.

So, if you're already here legally, whether on a student or tourist visa, and you’re looking to transition to a permanent resident status, AOS is your best bet.

Who is this Guide For?

This guide is meant for anyone eligible to adjust their status while in the U.S. That means people applying through family-based petitions, employment-based petitions, and even humanitarian grounds like asylum or U visas. If you're looking to make the leap from temporary to permanent, you’re in the right place.

Eligibility Requirements

Who Qualifies for AOS?

There are a few basic requirements. You must be physically present in the U.S. (you can’t adjust status if you’re outside the country). You must have entered the U.S. legally, with a valid visa or through parole. And, there must be an immigrant visa available for your category. So if you’re married to a U.S. citizen, or if your employer is sponsoring you, this could be for you.

Special Considerations

It’s important to note a few exceptions. Immediate relatives of U.S. citizens (spouse, parent, or child under 21) often have the easiest time qualifying for AOS. But there are other exceptions too, like adjustments under Section 245(i) for people who entered illegally but have an employer or family member willing to pay a fine to help them adjust status.

Common Eligibility for AOS Questions

Can you file AOS while on a tourist visa?

Technically, yes—but only if you entered the U.S. legally and are eligible to adjust. Be careful here; if your tourist visa is expired, you could be in trouble. Consult an immigration lawyer who can help you evaluate your case.

What happens if you overstay a visa before applying?​

Overstaying a visa complicates things. You may be barred from reentry, depending on how long you overstayed, but don’t panic. Legal options are available, and your path may still be open with some exceptions.

What are the requirements for continuous residence and physical presence?

If you’ve been in the U.S. for more than 180 days unlawfully, you could face serious consequences. Continuous residence means living in the U.S. without major disruptions, but you can still apply under certain circumstances.

When should you file your I-485?

The I-485 can be filed once an immigrant visa is available in your category. Some people file too early or too late—timing is critical here.

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Is an interview required?

Yes, in most cases. But here's the thing: it’s not an interrogation. It’s a simple conversation to confirm your application. If you’ve been thorough, this shouldn’t be a major hurdle.

Adjustment of Status Process

File the Initial Petition

To get the ball rolling, you need to file the initial petition. If you’re applying through a family member, that means Form I-130. If it’s through an employer, it’s Form I-140.

File Form I-485, Application to Register Permanent Residence or Adjust Status

Once the petition is approved, it’s time for Form I-485. This is the application to adjust your status. You’ll also need to submit a bunch of supporting documents, including your medical exam (Form I-693), affidavit of support (Form I-864), and—if you’re planning to work or travel while your case is pending—Forms I-765 (for work) and I-131 (for advance parole).

Biometrics Appointment and Background Check

You’ll be called in for a biometrics appointment to collect your fingerprints, photo, and signature. It’s standard procedure and usually happens within a few weeks of filing. Don't miss it, or it could delay your process.

Interview with USCIS

Next up: the interview. Expect basic questions about your application and life in the U.S. If you’ve been thorough and honest, this should be routine. But if you’re applying based on marriage or a job, be prepared for some in-depth questioning.

Receive a Decision

Once your interview is complete, the waiting begins again. If all goes well, you’ll be approved, and your Green Card will be on its way. If not, you’ll have options for appeals, reapplications, or even litigation if things drag on too long.

Processing Times

The processing time varies depending on the USCIS office and your case type, but don’t get comfortable—AOS can take anywhere from 8 to 14 months. And with backlogs, some applications take years. But here’s where it gets frustrating: delays are common, and they often come without warning.

Work and Travel Authorization

Employment Authorization

While your I-485 is pending, you can apply for an Employment Authorization Document (EAD) using Form I-765. This allows you to work legally while waiting. The process can take a few months, but it’s one of the most valuable tools in your arsenal.

Advance Parole (Travel Document)

If you need to travel while your case is pending, you’ll need to file Form I-131 for Advance Parole. Travel without this document can jeopardize your case, so make sure you get it before you pack your bags. The last thing you want is to abandon your Green Card application because of a simple trip abroad.

Addressing Challenges, Delays, and Denials

Reasons for AOS Denial

The most common reasons for denial are missing documents, inadmissibility (criminal or immigration violations), and fraudulent entries. So, make sure everything is in order—double-check forms and supporting documents.

What Happens If Your Application is Denied?

A denial isn’t the end of the road. You can appeal, file a motion to reopen, or request judicial review. The key here is not to give up—denials can often be corrected with legal action.

Dealing with Unreasonable Delays

If your case has been pending for what feels like an eternity, it’s time to take action. After exceeding normal processing times (usually 6 months or more), consider submitting a status inquiry or even contacting your congressional representative. If nothing happens, it might be time to take legal action.

When to Consider Legal Action:

The moment you realize your case has exceeded reasonable processing times, start thinking about your next steps. Legal action—like filing a mandamus lawsuit—can push the system to act, often resolving issues in just a few months.

FAQs About Adjustment of Status

How long does AOS take?

On average, 8–14 months. But don’t be surprised if it takes longer.

Can you expedite the process?

It’s rare, but possible under certain conditions. Call us at (802) 318-4668 for more information.

Can you include family members in your application?​​

Yes, but there are rules about dependent status that you’ll need to navigate carefully.

Getting a Green Card through Adjustment of Status is a complex journey, but with the right preparation, you can get there faster than you think. Stay proactive—keep track of your deadlines, follow through on your paperwork, and don’t hesitate to take action if delays hit. Need help speeding up the process? Get in touch with us and find out how we can help.