Adjustment of Status (AOS)

Your Path to a Green Card Without Leaving the U.S.

Adjustment of Status (AOS) is the process that allows eligible individuals already in the United States to apply for lawful permanent residency (a green card) without returning to their home country. Gagliano Law, PLLC helps clients navigate the AOS process efficiently and with personalized legal support.

What Is Adjustment of Status?

Adjustment of Status is a procedure used by non-citizens who are eligible to become lawful permanent residents (green card holders) while remaining in the U.S. It is commonly used by spouses of U.S. citizens, employment-based applicants, refugees, and other eligible individuals.

Who Qualifies for AOS?

To apply for AOS, you must meet these basic eligibility requirements:

1. Eligible Basis for a Green Card
   Applicants must qualify through one of several categories, including:
   • Family-based sponsorship (spouse, parent, child, or sibling of a U.S. citizen or green card holder)

   • Employment-based sponsorship

   • Refugee or asylum status (after one year)

   • Special programs (U visa, T visa, VAWA, etc.)

2. Lawful Entry Into the U.S.
   Most AOS applicants must have entered the U.S. legally (with inspection and admission or parole). Exceptions may apply for certain humanitarian cases.

3. Visa Availability
   For most family- and employment-based cases, a visa number must be available according to the Visa Bulletin.

4. Admissibility to the U.S.
   Applicants must not be barred by issues such as criminal history, immigration fraud, or health-related grounds unless a waiver is granted.

The AOS Process

1. Determine Eligibility and Category
   Establish the appropriate category for your green card (e.g., family-based, employment-based, humanitarian).

2. File the I-485 Application
   Form I-485 (Application to Register Permanent Residence or Adjust Status) is the main form used for AOS.

3. Submit Supporting Forms
   • Form I-130 (for family-based cases)

   • Form I-765 (for work permit)

   • Form I-131 (for advance parole/travel permission)

   • Affidavit of Support (Form I-864) for family-based cases

4. Biometrics Appointment
   USCIS will schedule a fingerprinting appointment to conduct background checks.

5. USCIS Interview
   Most applicants must attend an in-person interview to verify eligibility and assess documentation.

6. Receive USCIS Decision
   Approval: You receive your green card in the mail.
   Request for Evidence (RFE): USCIS may ask for additional documentation.
   Denial: You may appeal or reapply, depending on the reason.

Processing Timeline

Benefits of Adjustment of Status

• Remain in the U.S. During Processing
  No need to travel abroad or attend a consular interview.

• Apply for Work and Travel Permits
  While waiting, you can legally work and travel with approved EAD (Employment Authorization Document) and advance parole.

• Path to Citizenship
  After receiving a green card, you may apply for U.S. citizenship through naturalization after three or five years, depending on your category.

• Family Unity
  Derivative family members may also qualify for green cards through the same application process.

Common AOS Categories

• Immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21)

• Employment-based immigrants

• Asylees and refugees

• Special immigrant juveniles (SIJ)

• Victims of crime (U visa) or trafficking (T visa)

• VAWA self-petitioners