Adjustment of Status Explained: The Process, Timeline, Eligibility, & More

If you arrived in the United States with a nonimmigrant visa and wish to remain in the country, this might be possible in certain situations if you apply for a Green Card through adjustment of status (AOS).

What does this process entail exactly, how long does it take, and who is considered eligible?

We’ll walk you through the steps of filing for an adjustment of status, including eligibility, how long the process takes, the documents you need, fees, and more.

Plus, we’ll share how our knowledgeable and compassionate immigration attorneys at Spar & Bernstein can help you obtain your Green Card and remain with your loved ones or pursue your dream to live and work in the U.S.

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

View Brad's Bio

Bradford H. Bernstein

What Is An Adjustment Of Status?

An adjustment of status is the process of applying for lawful permanent resident status, also known as a Green Card, without the need to leave the country.

You might want to adjust your status if you entered the U.S. on a nonimmigrant visa, such as a tourist visa (B-2) or student visa (F-1).

Through an AOS, you can remain in the U.S. until your Green Card is approved, even if your visa expires before the process is complete.

You can apply for a Green Card through adjustment of status based on several grounds, such as:

• Family relations: You must be a spouse, parent, child, or close relative of a U.S. citizen or a lawful permanent resident.
• Employment: You must work for an employer who is ready to sponsor you, due to your abilities.
• Humanitarian reasons: You must have asylee or refugee status, be a victim of human trafficking, a crime victim or a victim of domestic abuse.

Who Qualifies For Adjustment Of Status?

To be eligible for adjustment of status, you must meet the following criteria:

• Have a valid legal status at the time of your application
• Be present in the U.S. when you file your application and remain in the U.S. until the process is complete
• Be present in the U.S. after lawful entry, meaning you were admitted or paroled in the U.S. with valid documents and face-to-face interaction with an immigration officer
• Have an immigrant visa (Green Card) available for you in your category if you are subject to numerical limits

When is a Green Card immediately available for you?

A Green Card is available if you are an immediate relative of a U.S. citizen, i.e. a spouse, unmarried child under 21 or parent. This means you don’t have to wait for a Green Card since immediate relatives are given priority and Green Cards are always available for them.

If you belong to a different family preference category, meaning you are a more distant relative, you may have to wait until a Green Card becomes available. You can check availability on the U.S. Department of State visa bulletin.

Note that if your circumstances change during the adjustment of status process, this may affect the outcome of your application. The change may include:

• Losing your job
• Getting divorced
• Being charged with a crime

What Documents Do You Need To Apply For An Adjustment of Status?

Filing for an adjustment of status requires a significant number of documents. Depending on the grounds for your application, these documents may differ.

Make sure you have these ready before submitting your application:

• Your completed Form I-485, Application to Register Permanent Residence or Adjust Status
• Your I-94 arrival/departure card showing the date when you entered the U.S.
• A copy of your birth certificate
• Form I-130, Petition for Alien Relative
• Your marriage certificate (if you are applying for a Green Card based on marriage)
• Form I-130A, Biographic Information (if you are applying for a Green Card based on spousal relations)
• Form I-864, Affidavit of Support
• Form I-140, Immigrant Petition for Alien Workers (if you are applying for a Green Card based on employment)
• A job offer letter (if you are applying for a Green Card based on employment)
• A copy of your previously issued employment authorization documents (EAD) if employed
• Two passport photos following USCIS photo requirements
• Your medical examination results in Form I-693, Report of Medical Examination and Vaccination Record, submitted in an envelope sealed by a USCIS-approved doctor
• Form I-730, Refugee/Asylee Relative Petition (if you are applying for a humanitarian Green Card)
• Form I-765, Application for Employment Authorization, if you want to work legally in the U.S. while your adjustment of status application is pending (optional)
• Form I-131, Application for Travel Document, if you need to travel outside the U.S. while your adjustment of status application is pending (optional)
• Your applicable filing fees

Gathering these documents alone can make the process overwhelming. At Spar & Bernstein, we have 60 years of experience in all spheres of immigration law, including family and employment immigration.

We’ll help you prepare and file the documents you need to adjust your status and remain in the U.S. as a lawful permanent resident.

How Much Does It Cost To File For An Adjustment Of Status?

As of April 1, 2024, the cost for filing Form I-485 is $1,440.

• If you are under 14 years old and you file Form I-485 with one of your parents, the fee is $950
• If you are under 14 years old and are filing without a parent, you will need to pay the full fee of $1,440
• If you have a refugee status or are a victim of crime or human trafficking, filing Form I-485 is free of charge

You can pay the filing fee with:

• A money order
• A personal check
• A cashier check
• A credit or debit card

Here is information about other fees related to the AOS process:

• The fee for filing Form I-130 online is $625 for online filing and $675 for paper filing
• The fee for filing Form I-140 is $715 and is paid by the sponsoring employer
• The fee for filing I-131 Application for Travel Document is $630
• The fee for filing I-765 Application for Employment Authorization is $520
• There is no fee for filing I-730

If you’re submitting several forms, make sure to pay each filing fee individually.

The amounts are non-refundable, regardless of whether you decide to withdraw your application or USCIS decides to take additional actions on your request.

How To Apply For An Adjustment Of Status

The adjustment of status process includes several stages. To apply:

1. Establish if you are eligible for a Green Card (i.e. whether you qualify for permanent residency based on family sponsorship, employment, asylum, or other immigration pathways)

2. Establish if you are eligible for adjustment of status (i.e. whether you can apply for a Green Card from within the U.S.)

3. Have your sponsor (petitioner) submit a petition for your Green Card category

• File Form I-130, Petition for Alien Relative, for a family Green Card. Immediate relatives can file concurrently, meaning they can submit Form I-130 together with Form I-485.
• File Form I-140, Immigrant Petition for Alien Workers, for an employment-based Green Card
• File Form I-730, Refugee/Asylee Relative Petition, for a humanitarian Green Card
• If you want to shorten your Green Card petition period, use premium processing 

4. Wait until USCIS grants your petition

5. Check visa availability for your Green Card category

6. File your adjustment of status application when a visa is available, using Form I-485, Application to Register Permanent Residence or Adjust Status

7. Attend a biometric screening to provide USCIS with your fingerprints, signature, and photo, so USCIS can conduct a criminal background check

8. If USCIS determines it is necessary, attend an AOS interview so USCIS can verify your eligibility, along with the information provided in your application

9. Provide additional information or attend a second interview, if USCIS requires it

10. Get your Green Card

How To Monitor Your Application Status

To check the status of your application, visit the case status section on the USCIS website and enter your case number. This will give you information about where you stand during every stage of the process.

If your application is taking longer than usual, contact an immigration attorney from our office to research the reasons for the delay and speed up the process, if possible.

How Long Does An Adjustment Of Status Approval Take?

An adjustment of status can take between 10 and 40 months, depending on a number of factors, such as your family relation, your location, the workload at your service center and the visa availability in your category. 

For example, if you are married to a U.S. citizen and you file for an adjustment of status, the entire process can take anywhere from 10-23 months.

If you are married to a permanent resident (Green Card holder) and apply for adjustment of status, the process can take around 29-40 months.

For more information on how long an adjustment of status approval takes, check out the video below from our Managing Partner, Brad Bernstein. 

Alternative Ways To Obtain A Green Card

If you are not eligible for an adjustment of status, you may be eligible to obtain a Green Card through an alternative path.

If you are not in the U.S or have not entered the U.S. with a valid nonimmigrant visa, you can apply for a Green Card through consular processing outside the U.S. In this case, you must wait for your Green Card approval before coming to the U.S.

If you are physically present in the U.S., both adjustment of status and consular processing may be options for you, depending on your individual circumstances.

AOS and consular processing share identical Green Card eligibility requirements. However, the application forms, supporting documents, processing times, and fees are different for each process.

How Can Spar & Bernstein Help With Your Adjustment Of Status & Green Card Application?

Applying for a Green Card can be overwhelming, considering all the documents needed and regulations in place.

At Spar & Bernstein, we will review the details of your unique case, explain your options, and help you throughout the process, doing everything in our power to help you join your family or start work in the U.S. as a lawful permanent resident.

Our knowledgeable and compassionate attorneys will: 

• Evaluate your eligibility for a Green Card
• Assess whether you qualify for an adjustment of status
• Explore options for adjusting your status, if you have overstayed your visa 
• Help you file the needed forms
• Represent you as needed
• Prepare you for your USCIS interview (Find more insights about marriage interview questions in our detailed guide)
• Monitor your case while USCIS makes a decision

FAQs About Adjustment Of Status

If you didn’t find the information you were looking for about Adjustment of Status (AOS), explore our comprehensive FAQs section for more detailed insights.

Can I work while my adjustment of status application is pending? 

Yes, if you apply for and receive an Employment Authorization Document (EAD) while your adjustment of status application is pending, you can legally work in the U.S.

Can I include my family members in my adjustment of status application? 

Yes, immediate family members such as your spouse and unmarried children under 21 may be eligible to apply for adjustment of status as dependents, based on your eligibility category.

What is the role of the medical examination in the AOS process? 

A medical examination ensures that you do not have any health conditions that could make you inadmissible to the U.S.

What happens if my adjustment of status application is denied? 

If your AOS application is denied, you may be required to leave the U.S. If you think that the denial was in error, you may appeal or file a motion to reopen or reconsider the decision. Contact our experienced immigration attorneys at Spar & Bernstein to understand your options.

Can I be deported while my adjustment of status application is pending? 

If you violate the terms of your non-immigrant status or have other immigration violations while your AOS application is pending, you may be at risk of deportation. Make sure to maintain legal status and follow all immigration laws.

What happens if my sponsor withdraws support during the adjustment of status process? 

If your sponsor withdraws support, it can put your application at risk. You may need to find another qualifying sponsor or face denial of your application.

Does adjustment of status automatically grant me U.S. citizenship? 

No, adjustment of status grants you lawful permanent residency (a Green Card). You can apply for U.S. citizenship after meeting certain requirements, typically after five years as a Green Card holder.

What is advance parole? 

Advance parole allows you to re-enter the U.S. after traveling abroad while your adjustment of status application is being processed. Without it, if you leave the U.S., your application may be considered abandoned.