Adjustment of Status Explained

By Jarbath Pena Law Group

Navigating the U.S. immigration system can often feel overwhelming, especially when trying to determine the right path for achieving lawful permanent residency. One of the most commonly utilized processes is the Adjustment of Status (AOS). This pathway allows eligible individuals already in the United States to transition to permanent resident status (also known as obtaining a green card) without needing to leave the country. Below, we’ll break down what Adjustment of Status is, who qualifies, and how the process works.

What Is Adjustment of Status?

Adjustment of Status is a process administered by U.S. Citizenship and Immigration Services (USCIS) that lets certain individuals apply for a green card from within the United States. Unlike consular processing, which requires applicants to attend an interview at a U.S. embassy or consulate in their home country, AOS enables applicants to remain stateside while their application is reviewed.

Who Can Apply for Adjustment of Status?

To qualify for Adjustment of Status, applicants must meet certain eligibility requirements. Generally, this process is available to individuals who:

• Have an eligible visa petition approved. In most categories, an immigrant visa must be available at the time the Adjustment of Status application is filed. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of U.S. citizens over 21) typically have visas immediately available. Other family preference and employment-based categories are subject to annual limits and priority date backlogs.

  
  

• Are physically present in the United States at the time of application.

  
  

• Have entered the U.S. lawfully. This typically means you must have been inspected and admitted or paroled into the United States. This typically includes individuals who entered with a valid visa (for example K-1 fiancé visa, or B1/B2 visitor's visa), or through a lawful admission at a port of entry, or through humanitarian parole. However, there are exceptions to this rule. For instance, individuals who have been granted asylum may also be eligible for Adjustment of Status depending on their circumstances. Certain applicants — such as immediate relatives of U.S. citizens — may still qualify for Adjustment of Status even if they overstayed a visa or worked without authorization. These exceptions do not apply to all categories, and eligibility depends on the specific immigration classification. Alternatively, in very limited instances, those who have entered the U.S. without inspection but qualify under specific provisions of immigration law, such as being “grandfathered” under INA §245(i)

  
  

• Are admissible under U.S. immigration laws. This means they meet health, security, and criminal background standards.

*Note on Parole: In the context of U.S. immigration, "parole" refers to a temporary permission granted to individuals to enter or remain in the U.S. for urgent humanitarian reasons or significant public benefit, even if they do not have a formal visa. Those who enter the U.S. on parole may be eligible for Adjustment of Status under certain conditions.

It is also important to note that certain immigration violations or visa classifications may prevent Adjustment of Status unless a waiver or exception applies. These may include prior unauthorized employment (in some categories), failure to maintain lawful status, certain exchange visitor restrictions, or other statutory bars under immigration law.

Each pathway to adjustment to status, such as marriage to a U.S. citizen or employment sponsorship, may have unique eligibility criteria.

Steps in the Adjustment of Status Process

Filing for Adjustment of Status involves several steps, and it is essential to understand and adhere to specific requirements to avoid delays or complications. The process generally includes:

1. File Adjustment of Status Application Applicants initiate the process by filing the Application to Register Permanent Residence or Adjust Status. This form serves as the primary application for green card issuance. In certain categories, such as immediate relatives of U.S. citizens, applicants may file the immigrant petition and the Adjustment of Status application at the same time (known as concurrent filing).

2. Submit Supporting Documents Along with the form, supporting documents such as a valid passport, birth certificate, proof of lawful entry, and evidence of eligibility (e.g., marriage certificate or employer sponsorship letter) must be submitted.

3. Complete a Medical Exam: Applicants are required to undergo a medical examination performed by a USCIS-approved physician. The exam assesses the applicant's health and checks for communicable diseases, vaccination status, and other health-related criteria. The physician will complete the requite form, which must be submitted with the adjustment of status application.

4. Attend Biometrics Appointment USCIS will schedule a biometrics appointment to collect fingerprints, a photograph, and a signature for background checks.

5. Respond to Requests for Evidence (if applicable) If USCIS requires additional documentation, they will issue a Request for Evidence (RFE). Responding promptly and accurately to these requests is crucial.

6. Complete the Green Card Interview Most applicants are required to attend an in-person interview with a USCIS officer. The officer will verify the provided information and ask questions about the applicant's eligibility.

7. Receive a Decision After the interview, USCIS will make a decision. If approved, the applicant will receive their green card in the mail.

Why Choose Adjustment of Status?

Adjustment of Status offers several benefits for eligible applicants, including:

• Staying with Your Family While Your Case Is Processed If deemed eligible, applicants can remain in the U.S. with their loved ones instead of having to return to their home country.

• Ability to Apply for Work Authorization and Travel Documents While waiting for your case to be resolved, you can apply for employment authorization and advance parole, allowing you to work and travel.

• Streamlined Processing for Certain Categories Immediate relatives of U.S. citizens may experience faster processing times compared to other visa categories.

  
  

When Adjustment of Status May Not Be Available

Adjustment of Status is not available to everyone. In some cases, consular processing may be required instead. This may apply if:

• You are outside the United States

• You entered without inspection and do not qualify for an exception

• A visa is not currently available in your category

• You are subject to certain inadmissibility grounds without an available waiver

Common Challenges and How to Address Them

While Adjustment of Status is a straightforward process for many, common challenges include:

• Incomplete or Incorrect Applications Ensure all forms are filled out accurately and include all necessary documentation. Working with an experienced attorney can help prevent errors.

• Eligibility Issues If there are questions about eligibility, admissibility, waiver requirements, or visa status, seeking legal counsel is essential for overcoming barriers.

• Processing Delays While processing times vary, staying proactive by attending appointments and responding to RFEs promptly can minimize delays.

Legal Guidance You Can Trust

Navigating Adjustment of Status can feel overwhelming, especially when the paperwork and requirements seem endless. That’s where Jarbath Peña Law Group comes in. Our team is dedicated to providing clear answers, attentive support, and professional legal strategies tailored to your unique situation. We help you gather the right documentation, avoid costly mistakes, and stay updated throughout your case—so you can focus on building your future here in the U.S.

Whether you need bilingual assistance, have complex eligibility concerns, or just want peace of mind through every step, we are here to help.

Ready to start your Adjustment of Status journey with confidence? Contact Jarbath Peña Law Group today at 305-615-1005 to schedule your consultation. Let us help you move forward with clarity, security, and the expertise you deserve.

The information provided in this blog is for general informational purposes only and does not constitute legal advice. Immigration laws and procedures are complex and subject to change. It is essential to consult with a qualified immigration attorney for personalized advice tailored to your specific situation. The Jarbath Peña Law Group is here to assist you in navigating the immigration process with expertise and care.