If you’re already in the U.S. and wondering how to stay permanently, you may have heard about adjustment of status, often shortened as AOS. But what is AOS? It’s the process that allows eligible individuals to apply for a Green Card, lawful permanent residency, without leaving the U.S. This article breaks down how AOS works, who qualifies, required documents, common pitfalls, and how experienced immigration attorneys help navigate it successfully.
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Understanding Adjustment of Status (AOS)
Adjustment of Status (AOS) is the legal process that allows a noncitizen currently inside the United States to become a permanent resident (Green Card holder) without having to return to their home country for consular processing.
This pathway is most commonly used by:
Unlike consular processing (which involves interviews at a U.S. Embassy abroad), AOS is handled entirely within the U.S. through USCIS (U.S. Citizenship and Immigration Services).
Who Can Apply for AOS?
Not everyone qualifies for AOS. Your immigration status, visa history, and how you entered the U.S. play a major role.
Eligible categories typically include:
1. Immediate Relatives of U.S. Citizens
2. Family Preference Categories
3. Employment-Based Applicants
4. Asylees and Refugees
5. Diversity Visa Lottery Winners
6. Special Categories
Basic Eligibility Requirements
To qualify for AOS, you generally must:
Immediate relatives of U.S. citizens are exempt from many bars, including unlawful presence or unauthorized work.
How Does the AOS Process Work?
The AOS process typically includes these steps:
Step 1: Determine Eligibility
Before applying, consult the USCIS guidelines or an immigration attorney to confirm eligibility based on your category.
Step 2: File Form I-485
This is the main application form for adjusting status. Supporting documents often include:
Step 3: Biometrics Appointment
USCIS will schedule you for fingerprinting and photographs at a local Application Support Center.
Step 4: USCIS Interview
Most applicants must attend an interview. For marriage-based AOS, couples should bring:
Employment-based applicants must be ready to discuss job duties, salary, and future plans.
Step 5: Approval or Request for Evidence (RFE)
If all documents are in order and the officer is satisfied, your Green Card may be approved. In other cases, USCIS may issue a Request for Evidence (RFE) for missing or unclear information.
Benefits of Adjustment of Status
Choosing AOS over consular processing offers many advantages:
Real-World Example: Marriage-Based AOS
Case: Elena entered the U.S. on a tourist visa and later married a U.S. citizen.
She’s eligible for AOS because:
Even though she overstayed her tourist visa, her category allows for adjustment with no penalty.
Processing Time and Costs
Check the USCIS Processing Times tool for updates by field office.
What Happens After Approval?
Once approved, you’ll receive:
Eventually, you can apply for U.S. citizenship after:
Why Work With an Immigration Lawyer?
While it’s possible to self-file, many applicants benefit from experienced legal guidance, especially if:
Immigration attorneys help you:
Conclusion
Understanding what is AOS is the first step to becoming a lawful permanent resident without leaving the U.S. For many immigrants, Adjustment of Status is the most practical and family-friendly path to a Green Card. However, it requires careful planning, accurate paperwork, and often, professional guidance.
If you’re unsure about your eligibility or want help preparing your application, consulting a trusted immigration law firm like Kulen Law can make the journey smoother, faster, and more secure.
