Adjustment of Status is the process that allows eligible individuals already in the United States to apply for lawful permanent residency without returning to their home country. Gagliano Law, PLLC helps clients through the 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 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?
- Eligible basis for a green card. Applicants must qualify through one of several categories, including family-based sponsorship, employment-based sponsorship, refugee or asylum status after one year, or special programs such as U visa, T visa, or VAWA
- Lawful entry into the U.S. Most applicants must have entered legally, with inspection and admission or parole. Exceptions may apply for certain humanitarian cases
- Visa availability. For most family and employment-based cases, a visa number must be available according to the Visa Bulletin
- Admissibility. Applicants must not be barred by issues such as criminal history, immigration fraud, or health-related grounds unless a waiver is granted
The process
- Determine eligibility and category
- File the I-485 application, Application to Register Permanent Residence or Adjust Status
- Submit supporting forms, including Form I-130 for family-based cases, Form I-765 for a work permit, Form I-131 for advance parole, and the Affidavit of Support for family-based cases
- Attend the biometrics appointment for fingerprinting and background checks
- Attend the USCIS interview. Most applicants must attend an in-person interview to verify eligibility and assess documentation
- Receive the USCIS decision. Approval means the green card arrives in the mail. USCIS may issue a request for evidence. If denied, you may appeal or reapply depending on the reason
Benefits
- Remain in the U.S. during processing, with no need to travel abroad or attend a consular interview
- Apply for work and travel permits while waiting
- A path to citizenship after three or five years, depending on category
- Family unity, since derivative family members may also qualify through the same process
Common AOS categories
- Immediate relatives of U.S. citizens, meaning spouses, parents, and unmarried children under 21
- Employment-based immigrants
- Asylees and refugees
- Special immigrant juveniles
- Victims of crime through the U visa, or trafficking through the T visa
- VAWA self-petitioners
Challenges and legal support
AOS applications often involve extensive documentation, eligibility reviews, and close USCIS scrutiny. Errors can lead to delays, denials, or removal proceedings. Gagliano Law, PLLC helps clients avoid costly mistakes, respond to requests for evidence, and prepare for USCIS interviews.
Frequently asked questions
Can I stay in the U.S. while my AOS application is pending?
Yes. Once you file Form I-485, you may remain in the U.S. legally until a decision is made.
Can I work while waiting for my green card?
Yes, if you file Form I-765 with your AOS package, you may receive a work permit.
Can I travel while my AOS is pending?
Only if you apply for and receive advance parole through Form I-131. Traveling without it may result in your case being considered abandoned.
Do I need an interview for AOS?
Most applicants are required to attend a USCIS interview unless exempted due to age, category, or prior background screening.
What happens if my AOS is denied?
You may appeal, file a motion to reopen, or reapply if eligible. Legal counsel is strongly advised.
What if I entered the U.S. illegally?
You may not qualify for AOS unless protected under certain laws such as VAWA, the U visa, or TPS. Waivers may be available in some cases.
For guidance through the Adjustment of Status process, contact Gagliano Law, PLLC.
