Adjustment of Status (AOS)

Adjustment of status ("AOS") is a process that allows an eligible applicant to become a lawful permanent resident of the United States without having to go abroad and apply for an immigrant visa. The alternative to AOS is Consular Processing, where an individual applies for an immigrant visa at a U.S. embassy or consulate. You should carefully review both options before deciding which one to pursue.

Basic Overview of Permanent Residency Process

Becoming a lawful permanent resident of the United States is a multi-step process. In most cases, the US Citizenship and Immigration Services must first approve an immigrant petition for you, usually filed by an employer or a family member. Then, an immigrant visa number must be available to you, even if you are already in the United States. You can determine whether an immigrant visa number is available on the Visa Bulletin.

After that, if you are already in the United States, you may apply to adjust to permanent resident status or choose consular processing of an immigrant visa at a U.S. embassy or consulate abroad. If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

Eligibility for Adjustment of Status

To be eligible to file Adjustment of Status, you must meet certain criteria. All other persons generally must do consular processing abroad.

You must be physically present in the United States.
If filing for permanent residency based on family and you are not an immediate relative, your immigrant petition must be approved first. For most employment-based petitions (EB-1, EB-2 and EB-3) and immediate relatives, you may be eligible to file to adjust your status at the same time as you file your immigrant petition. For information on filing the I-140 immigrant petition at the same time as the I-485, see our frequently asked questions about concurrent filing.
An immigrant visa number must be immediately available. Other than immediate relatives, family-based and employment-based green card applicants are subject to numerical quotas for immigrant visas. To determine whether an immigrant visa number is available, please check the State Department’s Visa Bulletin.
You must not have entered the United States illegally. You must have been inspected and admitted into the United States. The USCIS considers that you have been "inspected" when you present yourself to an immigration officer at a U.S. port of entry. You are admitted when an officer informs you that you are allowed to enter the United States. As a rule, your I-94 and/or the stamp in your passport is an indication that you have been admitted. If you have not been admitted and inspected and you meet certain criteria, you may be eligible to adjust your status under Section 245(i) by paying an additional $1,000 fee.

Ineligibility for Adjustment of Status

You may be ineligible for adjustment to permanent resident status if:

You entered the U.S. while you were in transit to another country without obtaining a visa;
You entered the U.S. while you were a nonimmigrant crewman with a D visa;
You are employed in the United States without USCIS authorization, unless you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old) or you are an employee of an international organization meeting certain criteria;
You are a J-1 or J-2 exchange visitor subject to the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement;
You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, unless you waive diplomatic rights, privileges and immunities are submit USCIS Form I-566 (for those in A or G nonimmigrant status);
You were admitted into the United States as a visitor under the Visa Waiver Program, unless you are an immediate relative of a U.S. citizen;
You are already a conditional permanent resident.
You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you.

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

Application Procedure

An application to adjust status should include the following forms and supporting documents:

Form I-485 Application to Register Permanent Residence or Adjust Status. Supplement A to Form I-485 is required if filing under 245(i).
Form G-325A Biographic Data Sheet, if you are between the ages of 14 and 79.
Form I-693 Medical Examination Sheet must be completed by a physician approved by the USCIS. This examination is not required if you are applying based on continuous residence since before 1972, or if you have had a medical exam based on a fiancé visa.
Two color photos taken within 30 days.
Form I-864 Affidavit of Support, completed by the sponsor. This requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition.
Form I-765 Authorization for Employment, if you are seeking employment authorization for yourself or your dependents while your application is processed.
Evidence of inspection, admission or parole into the United States, such as a copy of your Form I-94, Arrival Departure Record.
If you have already been approved for an immigrant petition, you must submit a copy of the approval notice sent to you by the USCIS.
If you were admitted into the United States as a fiancé of a U.S. citizen and married that citizen within the required 90 days, you must submit a copy of the fiancé petition approval notice and a copy of your marriage certificate.
If you are an asylee or refugee, you must submit a copy of the letter or Form I-94 (Arrival-Departure Record) that shows the date you were granted asylum or refuge in the United States. You also must submit USCIS Form I-643 (Health and Human Services Statistical Data).

Employment Authorization

Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. The spouse or children of the principal applicant may be eligible for work authorization. Once your application to adjust status is approved and you obtain permanent resident status, you will receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.

Can I Travel Outside the United States?

If you are applying for adjustment to permanent resident status, you must receive permission in advance to return to the United States in order to travel outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States.

How Can I Check the Status of My Application?

You can check the status of your application online at the USCIS Case Status website. You will need your case number, listed on your receipt notice.