If you're already in the U.S. and want to become a lawful permanent resident without leaving the country, the Adjustment of Status process is your path forward. But with changing immigration policies, it’s more important than ever to understand each step and what it means for your future.
What Is an Adjustment of Status?
Adjustment of Status (AOS) is the process of applying for a green card (lawful permanent residence) while you are inside the United States.
Instead of traveling back to your home country to apply through a U.S. consulate (consular processing), you submit Form I-485, Application to Register Permanent Residence or Adjust Status, to USCIS. If your application is approved, you’ll receive your green card and become a lawful permanent resident.
Who Is Eligible to File for Adjustment of Status?
To be eligible for AOS, you must meet the following requirements:
- You’re physically present in the U.S.
- You’ve entered the U.S. lawfully (most commonly with a visa or through parole).
- You have an approved immigrant petition (such as Form I-130 or Form I-140).
- You are not inadmissible due to a criminal record, immigration violations, or other reasons.
- A green card is available to you, as indicated by the Visa Bulletin.
What Is the 90-Day Rule?
If you entered the U.S. on a non-immigrant visa (like a tourist or student visa) and applied for a green card shortly after, USCIS may assume that you misrepresented your intentions. Filing for AOS within 90 days could raise red flags.
For example, suppose that you came on a B-2 visa in March and married a U.S. citizen in April, then applied for AOS in May. USCIS may determine that you were not honest about the reason that you came to the U.S. You might even be accused of committing visa fraud.
Wait at least 90 days before filing if your entry was on a non-immigrant visa.
Who Can't Apply for an Adjustment of Status?
Only some people can file for an Adjustment of Status. You are not eligible if:
- You entered the U.S. unlawfully.
- You entered under the Visa Waiver Program and are not an immediate family member of a U.S. citizen.
- You’re in removal proceedings or under a final removal order.
- You’ve worked without authorization and are not an immediate relative of a U.S. citizen.
- You’re a J-1 or J-2 visa holder subject to the two-year foreign residency requirement.
There are exceptions to most of these rules, however. Consult with an experienced immigration attorney to learn whether special circumstances apply to your case and to explore alternative options.
Documents Required for an Adjustment of Status
When applying for an Adjustment of Status, you must submit specific documents to prove your eligibility.
Passport-Style Photos
Submit two 2x2-inch passport-style photos taken within the past six months. Photos must be in color, with a white or off-white background, and show your full face. Your facial expression should be neutral. Head coverings are allowed only for religious reasons, and you must remove your eyeglasses.
USCIS is strict about these requirements, so it’s a good idea to have your photo taken by a professional photo service.
Identification Documents
You’ll need a copy of a government-issued photo ID, such as a passport or driver’s license. Include a copy of your birth certificate. If it’s not in English, attach a certified translation.
There are alternative ways of proving where you were born if your birth certificate is unavailable. When in doubt, consult an immigration attorney.
Proof of Lawful Entry and Status
You must prove you were inspected and admitted or paroled into the United States. Depending on your immigration category, you may also have to show proof that you have maintained lawful status since your entry.
Medical Exam
Nearly all applicants must undergo a USCIS-approved medical exam. Submit the completed Form I-693, Report of Immigration Medical Examination and Vaccination Record.
Proof of Financial Support
Most applicants must include Form I-864, Affidavit of Support, to demonstrate financial backing. This may come from a family member, fiancé, or employer.
Documentation of Immigrant Category
You’ll include a copy of Form I-797, Notice of Action. However, if you are filing Form I-485 concurrently with Form I-130 or I-140, this form is not required.
Optional But Commonly Required Documents
Depending on your immigrant category and personal history, these documents may be needed:
- Marriage status: If you’re applying as a spouse, provide a marriage certificate (include proof of legal termination of past marriages, if applicable).
- Criminal history: Include certified police and court records of any arrests, charges, and convictions.
- Waiver of inadmissibility: If you have been deemed inadmissible, you may request a waiver using Form I-601, Application for Waiver of Grounds of Inadmissibility.
Not every document listed here applies to all applicants. Review your case carefully and consult a legal professional to ensure your Adjustment of Status application is complete and accurate.
How to Apply for Adjustment of Status in 10 Steps
Here's a step-by-step guide on how to apply for Adjustment of Status:
- Confirm eligibility: Make sure you qualify for AOS based on your visa category and lawful entry into the U.S.
- Check visa availability: Refer to the Visa Bulletin published monthly by the U.S. Department of State to see whether your priority date is current.
- Get your documents ready: Gather identity documents, civil records, and proof of lawful presence or immigration history.
- Complete and sign Form I-485: Fill out the Application to Register Permanent Residence or Adjust Status accurately and sign it.
- Include other required forms: Attach any additional forms that apply to your case, like Forms I-864 and I-797.
- Pay the fees: Submit the correct filing fee with a check, money order, or credit card form, based on the current fee schedule.
- Mail your complete packet: Send your application to the USCIS address listed for your category — don’t forget to make a full copy for your records.
- Attend biometrics appointment: You’ll receive a notice to appear at a USCIS Application Support Center to provide fingerprints and photos.
- Wait for your green card interview notice: USCIS will mail you a notice with the date, time, and location of your interview.
- Prepare for and attend your interview: Review your application, bring original documents, and be ready to answer questions about your background and eligibility.
The Adjustment of Status process can take several months or even years to complete, depending on your situation and the backlog of applications. If you’re well prepared for this process, you can increase your chances of successfully obtaining a green card.
Adjustment of Status Fees in 2025
The USCIS fee schedule was updated in July 2025. Here’s what to expect:
- Form I-485: $1,440
- Form I-140 (if filing concurrently): $715, plus Asylum Program Fee
- Form I-130 (if filing concurrently): $675, or $625 if filing online
- Form I-131 (if applicable): $630
- Form I-765 (if applicable): $260
Some cases allow for waivers of part or all of these fees. In other cases, additional fees may apply.
Adjustment of Status Timeline
Timelines vary based on location and category. Here's a general estimate:
Processing is typically longer for preference-based visas or if your priority date is not current.
How to Track Your Application Status Online
Go to the USCIS Case Status Online page. Enter your receipt number to check for updates. Your receipt number will start with a three-letter code, such as EAC, IOE, or MSC. This code varies depending on the location that is handling your case.
Consider creating a USCIS online account to get text or email notifications.
What Happens After the Green Card Interview?
If you’re approved after your Adjustment of Status interview, you should receive your green card within a few weeks. Otherwise, you might receive one or more of the following notices:
- Request for evidence: You may be asked to submit missing or confusing documentation.
- Request for a second interview: USCIS may request this if your answers were inconsistent or unclear.
- Application under review: USCIS may need more time before issuing a decision.
- Denial: You may appeal or refile, depending on the reason for the denial.
If you encounter any setbacks after you apply for an Adjustment of Status, an immigration attorney can offer you personalized advice about how to overcome them.
What If My Adjustment of Status Is Rejected?
If you receive a denial, you still have options. Here’s what to expect:
- You’ll receive a written notice with the reason.
- It may be better to reapply instead of appealing.
- To appeal the decision, file Form I-290B, Notice of Appeal or Motion, within 30 days.
- If you’re placed in removal proceedings, speak with an attorney immediately.
There are no guarantees that your request for an Adjustment of Status will ultimately be approved. However, you can turn to an immigration attorney to advocate for your interests and advise you on how to move forward.
FAQs
Do I need a travel permit while my Adjustment of Status is being processed?
If you have an Adjustment of Status application pending with USCIS, you must obtain a travel permit before leaving the United States. Otherwise, your application will be deemed abandoned.
File Form I-131, Application for Travel Document, to get permission to leave the U.S. This permission is also known as “advance parole”.
Can I work while waiting for AOS?
Yes, but only if you have a valid work permit. Once your AOS application is pending, you can apply for an Employment Authorization Document (EAD), which will allow you to work legally in the United States.
Can I file Forms I-130 and I-485 together?
Depending on your immigration category, you could file Forms I-130 and I-485 together. This is called “concurrent filing”. It’s allowed when the immigrant visa category is immediately available, such as in most family-based cases where the petitioner is a U.S. citizen sponsoring a spouse, parent, or unmarried child under 21.
Get Guidance Through the Adjustment of Status Process from SimVisa
Applying for an Adjustment of Status is a complex process that takes a long time. Even if you carefully follow every step, the outcome may still be uncertain.
At SimVisa, our team of immigration attorneys has years of experience helping clients navigate the Adjustment of Status process. We understand the system and will help you avoid common mistakes, assemble accurate documentation, and prepare for every step, including the interview. If you need help with your application, contact our immigration attorneys today.
