The Adjustment of Status (AOS) process allows certain non-U.S. citizens who are already in the U.S. to apply for lawful permanent residency, also known as a green card, without leaving the country. This process is usually for individuals who entered the U.S. on a temporary visa (such as a student or work visa) and want to become permanent residents.
An alternative to AOS is consular processing, which involves applying for a green card outside the U.S. through the nearest U.S. consulate or embassy.
While AOS and consular processing both have different steps, forms, and timelines, the eligibility requirements for both processes are the same. Not sure which process suits you? Check out our guide to understand the differences between AOS and consular processing.
Adjustment of Status Timeline
The timeline for AOS depends on the type of application and other factors. The process can be slow, and the exact timeline varies for each applicant. U.S. Citizenship and Immigration Services (USCIS) publishes processing times regularly, and Boundless analyzes these times monthly for more up-to-date data.
Here are the typical AOS timelines for common scenarios:
- Marriage to a U.S. Citizen: 10–23 months
- Marriage to a Green Card Holder: 29–40 months
- K1 Fiancé Visa to Green Card: 10–23 months (though this can be longer depending on your situation)
To check current processing times based on your visa type, visit the USCIS website or use their processing time tool.
Understanding the 90-Day Rule for AOS
The 90-day rule is an important guideline set by USCIS to determine if you misrepresented your intentions when you entered the U.S. For instance, if you entered the U.S. on a tourist visa (B1/B2), but later decided to apply for a green card, USCIS may suspect that you didn’t plan to visit temporarily but intended to immigrate.
Certain visas, like the H-1B or L-1, allow “dual intent,” meaning you can apply for permanent residency while in the U.S. But other visas, like the F-1 or B2, may cause problems if you try to adjust your status within 90 days of entering the country. If you apply for AOS within this time frame, USCIS could believe you misrepresented your entry intentions. If this happens, they could deny your application or revoke your current visa.
If your plans change during the first 90 days, it’s important to keep evidence of your changed circumstances (e.g., photos, messages, etc.). This will help show that you didn’t plan to immigrate when you first entered the U.S.
How to Apply for Adjustment of Status (AOS)
Here’s a step-by-step guide to getting a green card through AOS:
- Check your eligibility for a green card.
- Have your sponsor file the right petition based on your category:
- Family-based green card: File Form I-130.
- Employment-based green card: File Form I-140.
- Humanitarian-based green card: File Form I-730.
- Once your petition is filed, USCIS will review it, which may take several months or even a year.
- When your petition is approved, check the availability of visas in your category. Immediate relatives of U.S. citizens can apply for a green card without waiting for a visa, but other categories may face long wait times.
- Once a visa is available, you can file Form I-485 (Adjustment of Status). You can also apply for a work permit and travel document (Advance Parole) while your application is processed.
- After filing, you’ll attend a biometrics appointment (fingerprints and eye scan).
- USCIS may require an in-person interview, or they may request more evidence from you.
- Within 90 days of your interview, you should get a decision. If approved, you’ll receive a green card in the mail.
Should I File Forms I-130 and I-485 Together?
For spouses, children, and parents of U.S. citizens, filing both Forms I-130 and I-485 together (concurrent filing) is usually quicker and allows you to apply for work and travel permits while waiting for your green card.
How Much Does Adjustment of Status Cost?
The cost of applying for Adjustment of Status includes several fees:
- Form I-130 Filing Fee: Typically $675 (for family-based petitions).
- Form I-485 Filing Fee: Usually $1440.
- If you’re under 14 and filing with a parent, the fee is $950.
- If you’re a refugee, the fee may be waived entirely.
Be prepared for additional costs if you apply for work or travel permits.
AOS Requirements: Am I Eligible?
You must meet specific requirements to qualify for AOS, including being eligible for a green card in one of the following categories:
- Family-Based: Spouse, child, parent, or other close relatives of a U.S. citizen or green card holder.
- Employment-Based: Sponsored by an employer or based on your skills and achievements.
- Other Categories: Humanitarian reasons, diversity lottery, etc.
Additionally, you must have entered the U.S. with a valid visa or the Visa Waiver Program, and you must still be in lawful status at the time of applying.
If you’re applying based on marriage to a U.S. citizen, there’s no cap on green cards for you. However, if you’re applying under the “family preference” category (e.g., for a distant relative or if your sponsor is a green card holder), you may face long wait times.
How to Check Your AOS Application Status
You can track your green card application status on the USCIS website by entering your case number. This will give you updates throughout the process and let you know when your green card is approved.
What Happens After a Change of Status?
Once you receive your green card, congratulations! You are now a lawful permanent resident of the U.S. This means you can live, work, and travel freely within the U.S. and have a pathway to U.S. citizenship after 3-5 years, depending on your circumstances.
Important Notes About Traveling While Your AOS is Pending
Be cautious about traveling while your AOS is pending. If you leave the U.S. without an advance parole document, USCIS may assume that you abandoned your application, and you could be required to start the process over. If you need to travel abroad, apply for advance parole to ensure your green card application is not affected.
Adjustment of Status FAQ
What Is AOS?
The Adjustment of Status process allows foreign nationals in the U.S. to apply for permanent resident status (green card) without leaving the country.
Who is Eligible for AOS?
To be eligible for AOS, you must be in the U.S. lawfully, have an immigrant visa available, and meet specific eligibility requirements.
How Do I Apply for AOS for My Parents?
You must file Form I-130 (Petition for Alien Relative) for each parent, followed by Form I-485 (Application to Adjust Status).
What Happens After I File My AOS Application?
USCIS will review your case and either schedule an interview or request additional information. After the interview, you will receive a decision.
Can I Work While My AOS Application is Pending?
Yes, you can apply for employment authorization while waiting for your green card.
What’s the Difference Between AOS and Consular Processing?
AOS is for individuals already in the U.S., while consular processing is for those applying from outside the U.S.
Can I Travel While My AOS is Pending?
Generally, leaving the U.S. while your AOS is pending will cause your application to be denied unless you have advance parole.
By following these guidelines, you can navigate the Adjustment of Status process and work towards your goal of becoming a lawful permanent resident of the United States.
