Adjustment of Status: Get a Green Card Without Leaving the U.S.

Adjustment of Status (AOS) is the process that allows certain foreign nationals already in the United States to apply for a green card (lawful permanent residence) without leaving the country.

Who is Eligible?

You may be eligible for AOS if:

• You are physically present in the U.S.
• You have a valid basis for a green card (family, employment, asylum, etc.)
• You entered the U.S. legally (generally required unless applying under certain humanitarian categories)
• A visa number is immediately available (based on your category and priority date)

Key Forms Involved

• Form I-485: Main AOS application
• Form I-130 or I-140: Immigrant petition (may be filed concurrently)
• Form I-765: Optional – work permit (EAD)
• Form I-131: Optional – travel permit (Advance Parole)
• Form I-864: Affidavit of Support (for family-based cases)

The AOS Process

1. Submit your complete packet to USCIS
2. Receive a biometrics appointment notice and attend fingerprinting
3. Receive EAD/AP combo card (if applied)
4. Attend an AOS interview at your local USCIS field office
5. Wait for final approval and receive your green card in the mail

Some applicants may receive an interview waiver depending on their category and case background.

Common Challenges

• Maintaining legal status until you file
• Gaps in immigration history or unauthorized employment
• Public charge concerns (especially in family-based cases)
• Delays due to background checks or RFE (Request for Evidence)

Benefits of AOS

• No international travel required
• Work and travel authorization during processing
• Spouse and children can apply as derivatives
• Often faster and more stable than consular processing

AOS can be a smooth path to permanent residency when prepared correctly. Consult with an immigration attorney for complex situations.