Guide to Adjustment of Status: Process, Deadlines, Costs, and Eligibility
- By Fileright
- Last Updated:
Introduction
Adjustment of status is the legal process that allows foreign nationals to apply for a U.S. permanent resident card, commonly known as a green card. This allows petitioners to apply for a green card without returning to their country of origin or home country to complete visa processing.
The law of U.S. immigration can be difficult to understand, especially if English isn’t your native language. Unfortunately, errors or missing material information can lead to setbacks or a rejected application. Learn more about how to apply for adjustment of status and your eligibility.
What Is Adjustment of Status?
Adjustment of status is a pathway to U.S. permanent residence, the immigration status of U.S. green card holders. Specifically, adjustment of status is the process for people who are applying for this status change from within the United States.
If you live outside of the U.S., you will apply for permanent residence through consular processing. In case of a consular proceeding, you would apply through a U.S. consulate or embassy that is near to you. The eligibility requirements for obtaining a green card through adjustment through status and consular proceedings are the same, the only difference being the residence of the applicant. While consular proceedings happen outside the U.S., adjustment of status is conducted from within the U.S.
Who Is Eligible to Apply for Adjustment of Status?
Adjustment of status (AOS) may grant a green card to people with legal status granted by a temporary visa. This may include anyone who lawfully entered the U.S. with a:
- Student visa
- Business travel visa
To apply for a green card through adjustment of status, you must be physically present in the U.S. and should not have materially changed your immigration status. You may also be eligible to apply for AOS through other categories, including:
Green Card Through Family
You may apply for adjustment of status if you have a green card through family eligibility. Relatives of current U.S. citizens may be eligible for a U.S. green card, including:
- Immediate relatives of U.S. citizens (spouse, unmarried child under age 21, parent of U.S. citizen who is at least 21 years old)
- Other relatives of a U.S. citizen or lawful permanent resident
- Family of U.S. citizen including son or daughter child 21 years or older, married son or daughter, brother or sister who is at least 21 years old
- Family of a permanent resident, including spouse, unmarried child under 21 years, married son or daughter 21 years or older
- Fiancé(e) of a U.S. citizen or the fiancé(e)’s child
- Widow(er) of a U.S. citizen to whom the widow/widower was married at the time of death of the U.S citizen spouse
- Victim of battery or extreme cruelty, including abused spouse, child (unmarried and under 21 years old), or parent of a U.S. citizen or lawful permanent resident
Before you can file for AOS of a family-based green card, your relative will need to file the I-130, Petition for Alien Relative. In case of adjustment of status through immediate family, the process is faster as compared to the other qualification. Further, there is no cap for an immigrant visa granted to an immediate relative (spouse, child, parent) of a U.S. Citizen which means you would have to wait for a lesser time.
Green Card Through Employment
If you have a job offer in the U.S. or are an investor, you may qualify for a green card through employment. To qualify for a green card through employment, you must have extraordinary abilities in science, art, education, business, or athletics. In the case of an immigrant worker, there are three preferences in this category:
- You have extraordinary ability in the sciences, arts, education, business or athletics; or
- You are an outstanding professor or researcher; or
- You are a multinational manager or executive who meets certain criteria.
- You are a member of a profession that requires an advanced degree; or
- You have exceptional ability in the sciences, arts, or business; or
- You are seeking a national interest waiver.
- You are a skilled worker (meaning your job requires a minimum of two years of training or work experience); or
- You are a professional (meaning your job requires at least a U.S. bachelor’s degree or a foreign equivalent and you are a member of the profession), or
- You are an unskilled worker (meaning you will perform unskilled labor requiring less than two years of training or experience).
Further, doctors who agree to work full-time in clinical practice in designated underserved areas qualify for the Physician National Interest Waiver, provided they work in the area for a set period of time and meet other criteria as may be provided
Immigrant investors must invest at least $1,050,000 million (or $800,000 in a targeted employment area or infrastructure project) in a new commercial enterprise in the U.S., which will create full-time positions for at least 10 qualifying employees.
Once you determine that you’re eligible, you will need to file an immigrant petition or have your employer file one on your behalf. In the case of an employment-based green card, you will file the I-140, Immigrant Petition for Worker.
Green Card as a Special Immigrant
You can also apply for adjustment of status if you are:
- Religious Worker coming to the U.S. to work for a non-profit religious organization.
- Special Immigrant Juvenile who needs the protection of a juvenile court in case of abuse, abandonment, or neglect by a parent.
- Afghan or Iraq National who served as a translator or interpreter for the U.S. government.
- Retired officer, an employee of an international organization or NATO, or an eligible family member of such employee.
Green card as a refugee or asylee
If an immigrant has been granted asylum status by the USCIS or admitted into the U.S. as a refugee under section 207 of the Immigration and Nationality Act (INA), and the status has not been revoked, the immigrant may apply for an adjustment of status under this status, provided further that they were physically present in the U.S. for at least one year after admission as a refugee.
Green Card as Human Trafficking and Crime Victims:
Under this category, the immigrant may apply if:
- Currently have a T nonimmigrant visa in case of a Human Trafficking Victim; and
- Currently have a U nonimmigrant visa in case of a crime victim.
Other Categories:
While there are other categories of eligibility of adjustment of status such as eligibility as a victim of abuse or the Cuban Adjustment Act etc. however, the majority adjustment of status petitions are granted for the eligibility(ies) in the preceding categories, with Employment and Family-based application being the leading source.
Who Cannot Apply for Adjustment of Status?
Not all foreign nationals can apply for a green card through adjustment of status, even if they currently live in the United States. Ineligible parties include:
- Undocumented immigrants who entered the U.S. illegally or not through lawful means.
- S visa holders who enter the U.S. as a witness or informant
- Anyone traveling through the U.S. to a different country
In case of immigration through a Student Visa, you must not have entered the U.S. with an F-1 Student Visa as this is not an immigrant visa but a temporary visa to enter the U.S. and study.
Additionally, if you entered the U.S. with a B1/B2 visa, you may also not be entitled to apply for adjustment of status or obtain a green card as they are also temporary and do not allow for permanent immigration.
Furthermore, anyone who may be deported cannot file for adjustment of status. For example, anyone involved in a terrorist group is ineligible.
Documents Required Before Filing for Adjustment of Status
The number of documents needed will vary based on the type of adjustment of status petition, but these are the documents that every applicant needs:
Photographs
You must submit two recent identical color passport-style photos of yourself. U.S. Citizenship and Immigration Services (USCIS) requires the photos to be on a white to off-white background, printed on thin paper with a glossy finish, and be unmounted and un-edited.
The photos must be 2×2 inches. Those photos must be in color with a frontal view of your entire face. You cannot wear anything on your head unless required for religious reasons. Using a pencil or felt pen, you must add your A-Number (alien number) on the back of the photo. You must also meet other Photograph Requirements as released and updated by USCIS from time to time.
Government Issued ID
Everyone who submits Form I-485, Application to Register Permanent Residence or Adjust Status, should also send in a photocopy of a government-issued ID that has their picture on it. This is typically a passport or similar document, even if the passport is expired. USCIS will accept other government-issued IDs such as a driver’s license or military identification.
Birth Certificate
Most I-485 applicants must also submit a copy of their birth certificate issued by the appropriate civil authority from the country of their birth. USCIS will only accept a long-form birth certificate that lists at least one parent.
If your birth certificate is not available or does not exist, you must prove that fact to USCIS. You will also be required to provide other evidence of birth. The U.S. Department of State has a list of countries and what types of documents they offer.
Inspection and Admission or Parole
Most Form I-485 applicants must submit copies of a document showing they got inspected by an immigration officer and either admitted or paroled into the United States. USCIS states you can prove this by presenting copies of the following:
- Passport page with admission or parole stamp issued by an immigration officer
- Passport page with nonimmigrant visa
- Form I-94 Arrival-Departure Record
USCIS will accept secondary evidence if one of the primary documents listed above is unavailable. The documents must have been maintained in the ordinary course of business by any individual or organization other than the Department of Homeland Security (DHS).
Additional Documents for Adjustment of Status
The documents listed below won’t apply to every applicant, but they can depend on your situation when filing:
- Documentation of your immigrant category: As part of your Form I-485 application, you must prove you’re eligible for a green card in a particular immigrant category. This can typically get established with a copy of Form I-797, Approval Notice, or Receipt Notice for your petition. Form I-797 is issued by the USCIS if it approves the petition.
- Marriage certificate and other proof of relationship: If you’re filing Form I-485 as the spouse of the principal application, you must typically submit a copy of your marriage certificate. If either party in the marriage was previously married, USCIS requires you to submit evidence showing all earlier marriages were legally ended.
- Evidence of continuously maintaining a lawful status since arriving in the United States: This is required for immigrants in many categories, including family-based, employment-based, special immigrant religious workers, Diversity Visa Lottery winners, and others. Several documents can help you prove you maintained lawful status continuously and without interruption/break after filing the petition and arriving in the U.S.
- Affidavit of Support/confirmation of bona fide job offer: One of the goals of USCIS is to admit people who will not become dependent on government assistance and create a public charge. USCIS will require an affidavit of support from either an employer, relative, fiancé(e), or an employment-based visa if the business is at least 5% owned by a relative.
- Evidence of financial support: This requirement has relation to the above. To demonstrate financial support, you will likely need to complete Form I-864, Affidavit of Support. Most family-based applications and some employment-based green card applications will be required to complete Form I-864.
- Report of medical examination and vaccination record: Nearly all green card applicants will have to undergo a medical examination to ensure there are no health concerns. The exams have to be done by a USCIS-approved civil surgeon. These exams do not have to be done when you send in your green card application but do require an appointment. You would further be required to provide the vaccination record.
- Certified police and court records of criminal charges, arrests, or convictions: USCIS requires all applicants to report any criminal charges, arrests, or convictions you may have on your record, even when you were a minor. In most cases, you do not need to submit information relating to traffic violations that didn’t involve a physical arrest and if the penalty was less than $500 or points on your driver’s license.
- Waiver of inadmissibility: Certain immigrants can be inadmissible to the United States. Inadmissibility can be determined for several different reasons. There is, however, a way to become admissible through form I-601, Application for Waiver of Grounds of Inadmissibility.
Remember, not all of these documents may be necessary for your application. Always double-check to make certain that you aren’t forgetting any critical pieces of information before you file and consult an immigration lawyer before filing your petition.
What If I Don’t Have Required Evidence?
According to USCIS, if you cannot submit primary evidence (birth certificates, marriage records, etc.), you can send in what’s called secondary evidence. This type of evidence can include school or church records, but along with that, you must send in a reason why the primary evidence is not available.
If no secondary evidence is available, you may submit written statements.
According to USCIS, any statement should explain in detail:
- When and where you came into the United States
- What documents you had
- Whether you showed them to the immigration inspector
- Any questions that the immigration inspector asked at the time of entry into the U.S.
- Any other details about your claimed admission or parole
The written statements must be signed under penalty of perjury and may come from yourself or from any other individuals who have personal knowledge of the circumstances of your claimed admission or parole. You should also ensure that all the documents or records you supply are either in English or in the official language of your home country. In case the documents are not in English then you would be required to provide verified translated documents to take the application process further.
How Do You File for Adjustment of Status?
U.S. residents with legal temporary visas may file for a green card using Form I-485, Application to Register Permanent Residence, or Adjustment of Status. A green card petitioner can also file a request for a work permit and advance parole. This will allow you to work in the U.S. and travel abroad while you await a decision on your adjustment of status application.
Before filing the form, you can also refer to Instructions for Application to Register Permanent Residence or Adjust Status released by the USCIS for tips and instructions to fill Form- I-485, which provides instructions regarding details related to the purpose of the form, the eligibility and details about the evidence/supporting documents to be submitted, along with instructions specific to the type of benefit availed by the person.
To be eligible for adjustment of status, you would also be required to show through bank and financial statements that you would not become a public charge, which means that you would not require welfare or financial benefits from the U.S. government and would be able to support yourself. While this rule is more prevalent for immigrants applying through consular proceedings, it also applies to Adjustment of Status applications.
What Happens After You File for Adjustment of Status?
After you submit Form- I- 485, USCIS will schedule a biometrics appointment. You will receive notice by mail detailing the location, date, and time of your appointment. A USCIS officer will collect your fingerprints, take your photograph, and ask for your signature.
USCIS will also conduct a background check. Depending on the information collected up to this point, you may also be asked to attend an in-person interview. You will swear an oath and answer questions about your application or your eligibility for a green card.
If any more information is required to support your application, USCIS will send you a formal request for evidence. Be sure to mail your additional evidence together in one document packet. If your application for adjustment of status is approved, you can expect to receive a letter notifying you. Finally, your green card will be sent to you.
How Much Does It Cost to Apply for Adjustment of Status?
For most applicants, the adjustment of status application fee is $1,225. Some exceptions may reduce the fee, including age and refugee status. See the USCIS fee chart below for more details.
The I-485 filing fee does not include the fee for the immigrant petition. The USCIS filing fee for the I-130, Petition for Alien Relative is $675 and the filing fee for the I-140, Immigrant Petition for Alien Worker is $700.
| If You Are… | Form Fee | BiometricServices Fee | Total |
| Under 14 and filing with the I-485 application of at least one parent | $950 | $0 | $750 |
| Under 14 and not filing with the I-485 application of at least one parent, that is filing alone | $1,440 | $0 | $1,440 |
| Age 14 – 78 | $85 | $1,225 | |
| Age 79 or older | $1,140 | $0 | $1,140 |
| Filing Form I-485 based on having been admitted to the United States as a refugee | $0 | $0 | $0 |
How Long Does Adjustment of Status Processing Take?
It can take up to a couple of months, ranging to several years, to get a green card through adjustment of status. Several factors determine the processing time of applications, most importantly, your green card category.
While there is an unlimited number of green cards issued every year to immediate relatives of U.S. citizens, other categories have an annual cap. To get an accurate case processing time of your status, you should contact the USCIS.
When you file an immigration petition, the USCIS assigns you a priority date on Form I-797, Notice of Action, which is the date of application. On the basis of this date, you are allotted a visa. The USCIS releases a monthly Visa Bulletin, which contains filing charts for adjustment of status. Based on the availability of visas for a particular year, the USCIS either states the Dates for Filing Chart or uses the Final Action Dates to communicate to you when to apply.
Adjustment of status process may also be delayed due to bureaucratic processes such as the verification of documents and testing of the veracity of the application. After filing the Form- I-485 you will be required to undergo a biometric appointment. However, the appointment is based on the availability of slots.
Additionally, as the entire process is based on the discretion of the USCIS, it may also conduct an in-person interview (as stated in the preceding sections) during which the immigration officer would ask questions regarding the application filed by the immigrant/beneficiary. After the interview process, it usually takes around 90-120 days on average to receive a decision from the USCIS regarding the grant or rejection of the Adjustment of Status petition.
How To Move The Adjustment Of Status Process Forward?
To move the Adjustment of Status process forward, you may also request an expedited process. However, this is restricted to cases where the immigrant/beneficiary can show that due to the delay of the grant of a green card, the following may be caused:
- Severe Financial Loss- A ground may be an imminent loss of job due to delay.
- Urgent humanitarian concern- This includes medical concerns, disability or extreme living conditions, and/or situations where the child may age out during the pendency.
- Healthcare workers- This concept emerged during the pandemic when certain pending applications were allowed to be expedited by the USCIS.
Can I Stay in the US While Waiting for Adjustment of Status?
Depending on your method of filing for adjustment of status, you may be waiting a long time. Your visa may expire while you wait for your application results. You can stay in the United States while your application is processed.
While living in the U.S. while your application is pending, you must:
- Update your address with the USCIS within 10 days of moving to a new address.
- Check the Case Status Update to track the status of your immigration application, petition, or request.
- Apply for a Parole or travel document in case you want to travel outside the U.S. If you travel without proper documentation, you may face issues while re-entering the U.S.
- Apply for permission to work while your application is pending by filing the USCIS Form I-765 (Application for Employment Authorization).
Transfer of Underlying Basis
In some cases, an Adjustment of Status application may apply to the USCIS to consider their application under a different immigration category than they applied for. This is useful in cases where the immigrant is eligible for readily getting a visa in a new category. For transfer of underlying basis, you are not required to submit a new adjustment of status form or repay any fee already paid with the original form.
However, you can only do this if your application is pending and meets the USCIS requirements for transferring:
- You have maintained eligibility for adjustment of status
- You are eligible for a new-immigrant category
- You have a visa available in the new immigration category in which you are applying.
- You have submitted a written request.
In case an applicant has a family-based immigration petition pending based on marriage to a lawful permanent resident, and during the pendency of the petition, divorces their spouse and marries a U.S. Citizen, the applicant will not be eligible to apply for adjustment of status because the applicant failed to maintain continuity of eligibility for adjustment of status, and hence would be required to file a fresh petition.
What Happens After Getting a Green Card?
After getting a green card you can work, reside, and travel to and fro the U.S. without any restriction. You can also work without obtaining a separate work permit, and apply for a Social Security Number (SSN) and a driver’s license.
If you applied through marriage-based adjustment of status and the duration of your marriage is comparatively less, then you may be issued a conditional green card, which has a validity of two years and cannot be renewed. When the same is about to expire, you are required to apply 90 days before the expiry date for a regular green card, which has a validity of ten years and is required to be renewed every decade. To renew a green card, you must fill out USCIS Form I-90, be physically present in the U.S. at the time of filing the form, and maintain a continuous residence. You can only apply for renewal if the green card is expired or about to expire.
What Can I Do If My Application Is Rejected?
After filing for adjustment of status, you must remember that the grant of green card is based at the discretion of the USCIS and the availability of green cards in the category that you applied for. Even if you are able to fulfill all the criteria(s) and meet the mandatory requirements, you may not be granted a green card.
In case the USCIS decides to reject your application for adjustment of status, it will send a written decision notice to the correspondence address in its records which will contain the reason for denial. However, you may still have a remedy. It should be remembered that the beneficiary is not allowed to file an appeal or motion to reopen. The grievance may be filed by the application/petitioner.
Filing an Appeal
While in most cases, there is no provision for an appeal of the decision of the USCIS, however, it may be entertained in special cases. An appeal is a request to a different authority to review a decision given by a body. You may file an appeal with the Administrative Appeals Office (AAO).
Motion to Reopen
In cases where appeal is not available, you may be able to file a motion to reopen or reconsider. In the denial or revocation notice, the USCIS provides information regarding the nature of appeal rights and whether the decision may be appealed or reopened.
How to file an Appeal or Motion to Reopen
Most of the decisions that are appealed or reopened are done using USCIS Form I-290B, Notice of Appeal, or Motion which is filed by the applicant/petitioner and not the beneficiary.
Appeal must be filed within 30 days of the date of decision (not the date on which you received the notice or rejection/decision). In certain cases, there may also be an appeal timeframe of 15 days. In case a decision is mailed to your physical address an extra 3 (three) days are given for the appellate process.
The appellate process of the AAO usually takes 180 days. However, in the existence of special circumstances or conditions, the timeframe may be extended. In cases where the appeal is related to the denial of visa/petition of victims of trafficking and other serious crimes, and the Violence Against Women Act (VAWA) beneficiaries then there may not be fees. In other cases, it may not be exempt.
Appeal and Motion to Reconsider in Case of Form I-485
The decision in normal cases can be reconsidered but not appealed. However, in case the application/petition is rejected solely due to failure to prove bona fide marriage while in proceedings then it may be appealed.
Other categories of Adjustment of Status where an appeal is allowed include:
- I-485, for Indochinese refugee
- I-485, U and T Visas
- I-485, Section 13
- I-485, Part 2, Item H, all others
However, in case of I-485, Part 2, Item H, Life Act appeal is allowed, however, there can be no motion to reconsider.
Still, it is of paramount importance for you to consult an immigration lawyer and refer to the eligibility requirements before filing the form. You may also refer to the Question and Answers page of USCIS on appeals and motions.
Get Help Filing Your Adjustment of Status Today
If you need assistance filing your adjustment of status to get your green card, please contact the experts here at FileRight today. With a free eligibility quiz, we can help determine what you need to get started on your path to permanent residency. FileRight.com offers a complete package to streamline and optimize the application process of adjustment of status at an affordable price. FileRight.com helps avoid the complexity of the application process and significantly reduces the scope of error by using its proprietary software.
Frequently Asked Questions
I am a resident of a foreign country. Can I still apply for Adjustment of Status?
No, only immigrants who entered the U.S. lawfully and are residents of the country are eligible to apply for a Green Card through adjustment of status. You can still apply for a Green Card but only through consular proceedings, where the nearest U.S. embassy or consulate processes your application and determines your eligibility.
What is the difference between a green card and citizenship?
When you obtain a green card, you become a Lawful Permanent Citizen. The green card is required to be updated periodically (based on the type of green card issued).
If you obtain a green card, the next step is citizenship, which opens the doors to more jobs, gives an enhanced sense of security, and gives the power to vote in federal, state, and local elections. For example in some circumstances, a green card holder may be removed under immigration law.
After getting a green card, can I travel abroad freely?
When you become a U.S lawful permanent resident you do not need to apply for permission to travel abroad, however, there is still a restriction. In case you leave for a trip abroad for more than a year, you will be required to apply for a reentry permit, although you may have a green card.
What if I submit more than one Adjustment of Status application (benefit of different categories) pending, and the USCIS approves one of them?
If one Adjustment of Status application is approved by the USCIS, then the others would be denied.
What if my employer withdraws the adjustment of status application? Will I lose my priority date?
While a Form F-140 may be withdrawn at any time by the petitioner (employer), however, if the form has been approved for at least 180 days; or an associated Form I-485 is pending for at least 180 days then USCIS will not revoke the Form(s) and you will retain your priority date.
Should I file Form I-693 with my pending Form I-485?
You should file USCIS Form I-693 (Report of Immigration Medical Examination and Vaccination Record) when you fill out Form- I 485 as this will help in the smooth application process. Otherwise, the USCIS may need to request evidence and increase the processing time.
