Adjustment of Status

Learn About The AOS Requirements And Adjustment of Status Eligibility

Introduction

Adjustment of Status (AOS) refers to the procedure that allows foreign nationals already in the U.S., who are eligible to receive an immigrant visa and for whom immigrant visa number is immediately available, to apply for immigrant status with the U.S. Citizenship and Immigration Services (USCIS).

VisaPro’s experienced immigration attorneys will prepare and file all the required documents for foreign nationals already in the U.S. with an approved immigration petition applying for adjustment to immigrant status.

OR
Check My Eligibility

Adjustment of Status Eligibility – It Is Suitable For:

The following foreign nationals with a lawful entry to the U.S.:

  • Spouse of a U.S. citizen with an approved immigrant visa petition
  • Parents of a U.S. citizen with an approved immigrant visa petition
  • Unmarried children under 21 years old of a U.S. citizen with an approved immigrant visa petition

The following foreign nationals with a lawful entry to the U.S. and maintaining lawful status:

  • Unmarried sons or daughters of a U.S. citizen with an approved immigrant Visa petition
  • Married sons or daughters of a U.S. citizen with an approved immigrant visa petition
  • Brothers or sisters of a U.S. citizen with an approved immigrant visa petition
  • Spouse of a lawful permanent resident with an approved immigrant visa petition
  • Unmarried children (any age) of a lawful permanent resident with an approved immigrant visa petition
  • Foreign nationals who entered the U.S. on the fiancé or fiancée K1 visa and have married the U.S. citizen petitioner within the 90 day period
  • Foreign nationals with an approved visa petition filed on their behalf by a U.S. employer
  • Asylees and refugees who have been in the U.S. in asylee or refugee status for one year
  • Cuban nationals to acquire permanent residence one year after they have been inspected and admitted or paroled into the U.S.
  • Winners of the Diversity Visa Lottery who are already in the U.S in a nonimmigrant visa classification
  • Foreign nationals who have been residing continuously in the U.S, since January 1, 1972

Adjustment of Status Benefits

  1. You can maintain valid status in the U.S. while your Adjustment of Immigration Status application is being processed
  2. You are permitted to apply for an employment authorization document and take up employment while your Adjustment of Status application is pending
  3. You can file Adjustment of Status application concurrently with immediate relative green card petitions, and employment based first, second and third preference categories (if a visa is currently available)
  4. You do not require a police clearance certificate for previous residences in the U.S.
  5. You can appeal a denied Adjustment of Status application

Adjustment of Status Requirements

You may apply for Adjustment of Status after your immigrant visa petition is approved by the USCIS, and a visa number is readily available to you.

Note: Visa numbers are limited by law for certain family members of U.S. citizens and lawful permanent residents and for employment based cases. This means that even if the USCIS approves your immigrant visa petition, you may not get an immigrant visa number immediately. In certain cases, several years could pass between the time USCIS approves your immigrant visa petition and the Department of State gives you an immigrant visa number.

A. Who May Apply For Adjustment of Status?

1. Immediate Relatives of U.S. citizens

You can apply for adjustment of status to permanent residence if you satisfy the following conditions:

a. You are the spouse, unmarried child (under 21 years old), or parent of a U.S. citizen; and

b. You have an approved family-based immigrant petition, or you can file one concurrently with your adjustment of status application.

2. Beneficiaries of Family-based immigrant petitions

You can apply for adjustment of status to permanent residence if you satisfy the following conditions:

a. You have an approved family-based immigrant petition

b. You have a current priority date available to file for adjustment of status.

3. Beneficiaries of Employment Based Green Card Petitions

You can apply for adjustment of status to permanent residence if you satisfy the following conditions:

a. You have an approved labor certification or are exempt from labor certification requirement

b. You have an approved employment based immigrant petition

c. You have a current priority date available to file for adjustment of status

4. Dependents of Principal Application preference categories

You may be eligible to receive following-to-join benefits if you are a spouse or an unmarried child under age 21 of a principal applicant in a preference category. In such a case, you may apply to adjust to permanent resident status at the same time that your spouse or parent applies for following-to-join benefits for you.

5. Dependents of Lawful Permanent Residents

You may apply for adjustment of status to permanent residence if you satisfy the following conditions:

a. You are a spouse or an unmarried child under age 21 of a lawful permanent resident

b. You have an approved family based immigrant petition

c. You have a current priority date available to file for adjustment of status

6. U.S. Citizens’ Spouses who entered the U.S. on K1 Fiancee Visa

You may apply for adjustment of status to permanent residence if you were a fiancee who was admitted to the U.S. on a K1 visa and then married the U.S. citizen who applied for the K1 visa for you.

Your unmarried, minor children are also eligible for adjustment of status.

Note: If you did not marry the U.S. citizen who filed the K1 fiancee petition on your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the U.S.

Important: If you married the U.S. citizen but not within the 90-day time limit, your spouse must now file USCIS Form I-130, Petition for Alien Relative.

7. Asylees or Refugees in the U.S.

8. Cuban Citizens residing in the U.S. for at least one year

You may apply for adjustment of status to permanent residence if you are a Cuban citizen or native who has been in the U.S. for at least one year after being inspected, admitted, or paroled into the U.S. Your spouse and children who are residing with you in the U.S. may also be eligible for adjustment of status.

9. Foreign Nationals continuously residing in the U.S. since 01/01/72

You may apply for adjustment of status if you have been a continuous resident of the U.S. since before January 1, 1972

B. Ineligibility For USCIS Adjustment of Status

You may be ineligible for adjustment to permanent resident status if:

1. You entered the U.S. while you were in transit to another country without obtaining a visa

2. You entered the U.S. while you were a nonimmigrant crewman

3. You were not admitted or paroled into the U.S. after being inspected by a U.S. Immigration Inspector

4. You are employed in the U.S. without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule may not apply to you if:

a. You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old)

b. You are a foreign medical graduate, employee of an international organization, or a family member of an employee of an international organization

5. You are a J1 or J2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement

6. You have an A (diplomatic status), E1 treaty traderE2 treaty investor, or G (representative to international organization) nonimmigrant status. This rule will not apply to you if you complete USCIS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities

7. You were admitted to Guam as a visitor under the Guam visa waiver program. (This does not apply to immediate relatives of U.S. citizens)

8. You were admitted into the U.S. as a visitor under the visa waiver program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen)

9. You are already a conditional permanent resident

10. You were admitted as a K1 fiancee but did not marry the U.S. citizen who filed the petition for you

11. You were admitted as the K2 child of a fiancee and your parent did not marry the U.S. citizen who filed the petition for you

C. Vaccination Requirements For USCIS Adjustment of Status

The Immigration law requires all individuals applying for Adjustment of Status be vaccinated for mumps, measles, rubella, polio, tetanus, diphtheria toxoids, pertussis, influenza type B, hepatitis B, and any other recommended by the Advisory Committee for Immunization Practices (ACIP).


Adjustment of Status Notes

  • U.S. permanent residents planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S.
  • Foreign nationals in the process of adjusting their Immigration Status, who are planning to travel abroad, must obtain advance permission prior to leaving the U.S in order to return to the U.S.
  • U.S. permanent residents may apply for Citizenship if they have been a permanent resident for at least 5 years.
    Note: A spouse who has been a permanent resident for 3 years, who is currently married to a U.S. citizen, and has been married to the same U.S. citizen for the past 3 years, may apply for citizenship.
  • Foreign nationals outside the U.S. must use Consular Processing. At times, consular processing may be faster than the Adjustment of Status process.

Adjustment of Status Fees

Filing Fee – Regular $1,225
VisaPro Processing Time4 days


What VisaPro Customers Are Saying

I would have no hesitation recommending Visapro. They dealt with my case professionally and I appreciated the way they made themselves available over the phone when I needed clarification or to ask a question………. I am very happy I chose them to manage my visa application and grateful for their support right through to successfully acquiring my Green Card.”

Get a Free Visa Assessment

Trust Symbol