What is AOS and How Can You Adjust Status to Get a Green Card?

If you’re already in the U.S. and wondering how to stay permanently, you may have heard about adjustment of status, often shortened as AOS. But what is AOS, really? It’s the process that allows eligible individuals to apply for a Green Card—lawful permanent residency—without leaving the U.S. This article breaks down how AOS works, who qualifies, required documents, common pitfalls, and how experienced immigration attorneys help navigate it successfully.

Understanding Adjustment of Status (AOS)

Adjustment of Status (AOS) is the legal process that allows a noncitizen currently inside the United States to become a permanent resident (Green Card holder) without having to return to their home country for consular processing.

This pathway is most commonly used by:

• Spouses or children of U.S. citizens
• Workers sponsored by U.S. employers
• Asylum seekers and refugees
• Diversity Visa (Green Card lottery) winners already in the U.S.

Unlike consular processing (which involves interviews at a U.S. Embassy abroad), AOS is handled entirely within the U.S. through USCIS (U.S. Citizenship and Immigration Services).

Who Can Apply for AOS?

Not everyone qualifies for AOS. Your immigration status, visa history, and how you entered the U.S. play a major role.

Eligible categories typically include:1. Immediate Relatives of U.S. Citizens

• Spouses, unmarried children (under 21), and parents of U.S. citizens.
• No numerical cap—these cases are usually prioritized.

2. Family Preference Categories

• Includes siblings and adult children of U.S. citizens or Green Card holders.
• Subject to visa quotas under the Visa Bulletin.

3. Employment-Based Applicants

• Individuals with an approved I-140 petition and current priority date.
• Most common through EB-1, EB-2, or EB-3 categories.

4. Asylees and Refugees

• Eligible to apply one year after being granted asylum or refugee status.

5. Diversity Visa Lottery Winners

• If lawfully present in the U.S., DV winners may adjust status before the end of the fiscal year.

6. Special Categories

• VAWA applicants, special immigrant juveniles, U visa holders, etc.

Basic Eligibility Requirements

To qualify for AOS, you generally must:

• Be physically present in the U.S.
• Have lawful entry into the U.S. (e.g., with a visa or parole)
• Have an approved immigrant petition (e.g., Form I-130, I-140, or I-360)
• Have a current priority date (for categories with numerical limits)
• Be admissible to the U.S. (or qualify for a waiver)

Immediate relatives of U.S. citizens are exempt from many bars, including unlawful presence or unauthorized work.

How Does the AOS Process Work?

The AOS process typically includes these steps:

Step 1: Determine Eligibility

Before applying, consult the USCIS guidelines or an immigration attorney to confirm eligibility based on your category.

Step 2: File Form I-485

This is the main application form for adjusting status. Supporting documents often include:

• Passport copies and I-94
• Medical exam (Form I-693)
• Birth certificate (with certified English translation)
• Proof of lawful entry
• Marriage or employment-related documents

Step 3: Biometrics Appointment

USCIS will schedule you for fingerprinting and photographs at a local Application Support Center.

Step 4: USCIS Interview

Most applicants must attend an interview. For marriage-based AOS, couples should bring:

• Joint lease/mortgage
• Utility bills
• Photos
• Bank records
• Affidavits from friends/family

Employment-based applicants must be ready to discuss job duties, salary, and future plans.

Step 5: Approval or Request for Evidence (RFE)

If all documents are in order and the officer is satisfied, your Green Card may be approved. In other cases, USCIS may issue a Request for Evidence (RFE) for missing or unclear information.

Benefits of Adjustment of Status

Choosing AOS over consular processing offers many advantages:

• No need to leave the U.S.: Stay with family, continue work or school.
• Work and travel authorization: Applicants can apply for an EAD (Work Permit) and Advance Parole.
• Avoid consular delays: No waiting for an overseas appointment.
• Legal protections: You can respond to RFEs or appeal denials from within the U.S.

Common Mistakes to Avoid❌ Filing Without a Visa Number (if required)

Family-preference and employment-based applicants must ensure their priority date is current under the Visa Bulletin.

❌ Unauthorized Stay or Work

These may jeopardize your eligibility—unless you qualify for an exception, such as being an immediate relative.

❌ Not Updating USCIS on Address Changes

All applicants must keep USCIS informed of any address updates using Form AR-11.

❌ Submitting Incomplete Applications

Missing forms, fees, or evidence can lead to RFEs or denials. Always double-check requirements.

Real-World Example: Marriage-Based AOS

Case: Elena entered the U.S. on a tourist visa and later married a U.S. citizen.

✔️ She’s eligible for AOS because:

• She had lawful entry.
• She married a U.S. citizen (immediate relative category).
• She filed I-130 and I-485 concurrently.
• She was granted a 2-year conditional Green Card within 10 months.

Even though she overstayed her tourist visa, her category allows for adjustment with no penalty.

Processing Time and Costs

• Processing Time: Varies by location and category, typically 8–20 months.
• Filing Fee: $1,140 (as of 2025) for Form I-485, plus $85 biometrics fee.
• Medical Exam: $200–$500 (varies by provider).

Check the USCIS Processing Times tool for updates by field office.

What Happens After Approval?

Once approved, you’ll receive:

• A 10-year Green Card (or 2-year conditional if marriage-based under 2 years).
• Legal permanent residency: You can work and travel freely.

Eventually, you can apply for U.S. citizenship after:

• 3 years (if married to a U.S. citizen)
• 5 years (for most other Green Card holders)

Why Work With an Immigration Lawyer?

While it’s possible to self-file, many applicants benefit from experienced legal guidance, especially if:

• You’ve overstayed a visa
• You worked without authorization
• You’re adjusting through employment
• You received a Notice of Intent to Deny (NOID) or RFE

Immigration attorneys help you:

• Prepare and file strong applications
• Respond to RFEs
• Track visa bulletins
• Avoid costly mistakes

Conclusion

Understanding what is AOS is the first step to becoming a lawful permanent resident without leaving the U.S. For many immigrants, Adjustment of Status is the most practical and family-friendly path to a Green Card. However, it requires careful planning, accurate paperwork, and often, professional guidance.

If you’re unsure about your eligibility or want help preparing your application, consulting a trusted immigration law firm like Kulen Law can make the journey smoother, faster, and more secure.