Adjustment Of Status

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

If you're already in the United States and want to apply for a green card, you may be eligible for a process called Adjustment of Status (AOS). This process allows certain immigrants to apply for lawful permanent residence without leaving the country.

Whether you're married to a U.S. citizen, the child of a resident, or have another path to permanent residency, this post explains what adjustment of status is, who qualifies, and how we guide you through it.

What Is Adjustment of Status?

Adjustment of Status is the process of applying for a green card from inside the United States. Instead of traveling to a U.S. embassy or consulate abroad, eligible applicants can remain in the U.S. while their application is processed.

This is a major benefit because:

  • You don’t have to leave the U.S.

  • You may be eligible for work and travel permits while your case is pending

  • It helps families stay together during the process

Who Qualifies for Adjustment of Status?

Adjustment of status allows certain individuals already in the United States to apply for a green card without leaving the country. Eligibility depends on several factors, including how you entered the U.S., your immigration category, and whether a visa is available.

You may qualify for USCIS adjustment of status if:

  • You entered the United States lawfully, such as with a visa or parole
  • You have an approved immigrant petition, often filed by a U.S. citizen or lawful permanent resident family member
  • An immigrant visa is available in your category
  • You are not inadmissible under immigration law, or you may qualify for a waiver if certain issues apply

Common situations where people apply for adjustment of status include:

  • Spouses of U.S. citizens
  • Immediate relatives of U.S. citizens, such as parents or unmarried children under 21
  • Fiancé(e) visa holders who marry their U.S. citizen sponsor after entering the United States
  • Individuals applying through VAWA, asylum, or certain special immigrant categories

Because eligibility for adjustment of status can vary depending on the facts of each case, many individuals choose to work with an adjustment of status attorney to review their situation and determine the appropriate next steps.

How Do I Apply for Adjustment of Status?

Applying for adjustment of status allows certain individuals already in the United States to apply for a green card through USCIS. While every case is different, most adjustment of status applications follow a similar process.

  1. File the immigrant petition.
    A family member or employer typically files an immigrant petition, such as Form I-130 for family-based cases, to establish eligibility for a green card.
  2. Submit Form I-485 (Application to Register Permanent Residence or Adjust Status).
    Once a visa is available, the applicant files Form I-485 with USCIS to request permanent residence.
  3. Apply for work and travel authorization if needed.
    Many applicants also file Form I-765 for a work permit and Form I-131 for advance parole travel permission while the case is pending.
  4. Attend a biometrics appointment.
    USCIS typically schedules a fingerprinting appointment to conduct background and security checks.
  5. Prepare for and attend the USCIS interview.
    Some applicants are scheduled for an in-person interview where an officer reviews the application and supporting documents.
  6. Receive the final decision.
    If the application is approved, the applicant will receive lawful permanent resident status and a green card.

What Can Delay or Deny an Adjustment of Status Case?

  • Unlawful entry without inspection typically disqualifies you—unless covered by special rules like 245(i) or VAWA

  • Working without authorization or overstaying a visa may not disqualify immediate relatives of U.S. citizens, but can affect others

  • Criminal history or prior immigration violations may require a waiver

Why Hiring an Adjustment of Status Lawyer Improves Approval Chances

Applying for adjustment of status may appear straightforward, but the process involves detailed forms, supporting documentation, and strict eligibility requirements. Even small errors or missing documents can lead to delays, requests for additional evidence, or application denials. Working with an experienced adjustment of status attorney can help ensure the process is handled carefully from the start.

Salomon Numa assists individuals and families with adjustment of status applications by guiding them through each step of the process and helping them prepare complete and accurate submissions to USCIS.

  • Reviewing eligibility for adjustment of status and identifying potential issues early
  • Preparing and reviewing immigration forms and supporting documentation
  • Organizing financial, identity, and relationship evidence required by USCIS
  • Preparing clients for USCIS interviews and explaining what to expect
  • Responding to requests for evidence and tracking case progress

Careful preparation and legal guidance can help reduce delays and ensure the application is presented clearly and accurately during the USCIS adjustment of status process.

Let Us Help You Move Forward

If you’ve been told you’re inadmissible, it doesn’t have to be the end of your immigration journey. We help families fight for waivers and build strong, heartfelt cases.

Get a green card after USCIS Adjustment of status approval

Quick Facts

  • What it is: The process of applying for a green card from inside the U.S.

  • Key form: Form I-485

  • Must have: A valid immigration petition (e.g., I-130 or I-360) and lawful entry

  • Includes: Optional work (I-765) and travel (I-131) permits

  • Interview required?: Usually yes

  • Processing time: 8–18 months on average

  • Not eligible if: You entered without inspection, unless protected under certain laws

  • Alternatives: Consular processing (outside the U.S.)

Frequently Asked Questions

Do I need to be in legal status to adjust?

If you're an immediate relative of a U.S. citizen, you can often still adjust status even if you overstayed your visa. Other applicants must usually be in lawful status.

Can I work while my green card is pending?

Yes. You can apply for a work permit (Form I-765) when you file your adjustment of status. It usually arrives within 3–6 months.

Can I work or travel while my green card application is pending?

In many adjustment of status cases, applicants may apply for temporary authorization to work and travel while the green card application is pending. This is typically done by filing Form I-765 (for employment authorization) and Form I-131 (for advance parole travel permission). Approval of these benefits depends on USCIS processing and eligibility.

Will I have an interview?

Most applicants are required to attend an in-person interview at a local USCIS office. We help prepare you for what to expect.

What if I entered the U.S. without a visa?

You may not be eligible for adjustment of status unless you’re protected under 245(i), VAWA, or another special rule. You might need to apply through consular processing instead.

How long does the process take?

Most cases take 8 to 18 months, depending on your USCIS office and whether you need additional steps like waivers.

How much does it cost to file for adjustment of status?

The filing fee for adjustment of status depends on the forms required in the case. The primary application, Form I-485, has a USCIS filing fee, and additional fees may apply depending on the applicant’s age or situation. USCIS periodically updates its fee schedule, so applicants should review the current fees before submitting an application.

Are there local USCIS offices in Tampa, FL for biometrics?

Biometrics appointments are usually scheduled at a USCIS Application Support Center (ASC) near the applicant’s residence. Applicants living in the Tampa area are typically scheduled at a local USCIS biometrics center designated by USCIS when the appointment notice is issued. The exact location is provided on the biometrics appointment notice sent by USCIS.

Ready to Apply Without Leaving the U.S.?

We help individuals and families adjust status confidently, completely, and with peace of mind.

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