Adjustment of status (AOS) in US immigration

The adjustment of status (AOS) process allows certain non-US citizens who are in the United States to apply for lawful permanent residence — also known as agreen card— without having to leave the United States.

This process is commonly used by individuals who entered the United States on a temporary visa, such as a student visa or a work visa, and who wish to become permanent residents. This guide covers everything you need to know about applying for adjustment of status.

The alternative to AOS is consular processing, that is, where the candidate applies for a green card from outside the United States. Using consular processing, the green card is processed by the nearest US consulate or embassy, and the candidate remains outside the United States until the green card is approved.

Both AOS and consular processing have their own timelines, forms, supporting documents and costs, but the eligibility conditions are the same. Where a candidate is unsure which process applies to them, they may consult the guidance on the differences between AOS and consular processing.

The adjustment of status timeline

The adjustment of status timeline varies depending on the type of application submitted and other variables. Applying for a green card through AOS can be a slow process, and the exact timeline for adjustment of status depends on the particular situation. USCIS publishes quarterly processing times for all forms.

The marriage green card timeline through AOS

The current processing time for adjustment of status after marriage is 8.2 months for the spouse of a US citizen and 35 months for the spouse of a US green card holder.

The K-1 to AOS timeline

The time to obtain a marriage green card from the point at which thevisa K-1is approved is 8.2 months, but may be longer depending on the situation. Currently, the timeline for a K-1 visa to be approved is 8-11 months, making the total time much longer than it used to be.

A note on AOS

Adjustment of status processing times also vary depending on where the candidate applies within the United States, so be sure to check the processing times of the nearest USCIS office.

The 90-day rule for adjustment of status

Where the candidate is eligible for a green card and is in lawful status, care is still needed not to trigger the 90-day rule. This is a guideline USCIS uses to determine whether an AOS candidate misrepresented their intentions when they first came to the United States.

Many temporary visas, such as the F-1 visa or theB-2 and B-1, cannot be used where the candidate plans to settle permanently. Conversely, other temporary visas such as theH-1Bor L-1 allow “dual intent”, and may be used even where the candidate plans to move to the United States permanently.

Where the candidate holds a visa that does not allow dual intent, they may run into difficulty when filing an AOS application, as this indicates that the candidate intended to settle permanently. The US government may refuse the application or revoke the current visa where it decides that the candidate secretly planned to settle when they first entered the United States.

To make that decision, the USCIS officer handling the application applies the 90-day rule, a guideline allowing officers to infer that the candidate misrepresented their intentions where they adjust status within 90 days of arriving in the United States.

It is possible to persuade a USCIS officer that the candidate genuinely did not intend to settle when they first arrived, but evidence must be produced and it is an uphill struggle.

Even after 90 days, USCIS officers may use their own judgement to determine that the candidate misrepresented their intentions. However, the candidate is far less likely to encounter problems where they wait until more than 90 days have passed before filing an AOS application.

The adjustment of status process

How to obtain a green card through AOS

1. Check green card eligibility.
2. Ask the sponsor to file the petition appropriate to the green card category:
   • For a family-based green card, fileForm I-130.
   • For an employment-based application, fileForm I-140.
   • For a humanitarian application, fileForm I-730.
3. Once the petition has been filed, USCIS must approve it. The timeline for this may vary from a few months to more than a year, depending on individual circumstances.
4. Once USCIS approves the petition, the candidate may check the updated visa status for their green card category. This varies depending on circumstances, the green card category and the country of origin. There is no waiting time for immediate family members of US citizens, but candidates in other categories sometimes wait years or even decades.
5. Once a visa is available, file the application for adjustment of status (Form I-485). The candidate may also wish to apply for a work permit and an “advance parole” travel document so that they can work and travel freely while awaiting a decision on the AOS application.
6. After receiving Form I-485, USCIS sends the candidate the date, time and location for fingerprinting and eye scanning (also known as the biometrics appointment).
7. Based on the information provided in Form I-485 and the background checks carried out by USCIS, the candidate may or may not need to attend an in-person interview. Where called to interview, the officer asks the candidate to take an oath and asks questions about the application.
8. USCIS may request further evidence and sends the candidate a formal request by post where required. In some cases, the candidate may also be called to a further interview.
9. Within 90 days (on average) of the interview, the candidate receives a decision approving or refusing the application. (The candidate may also check the application status online at any time.) Where the application is approved, the candidate receives an approval notice by post, followed by the physical green card shortly afterwards.

Should I file Form I-130 and Form I-485 at the same time?

For the spouse, as well as the children and parents, of a US citizen, filing both applications at the same time (concurrent filing) is usually beneficial. This can save time and allows the candidate to apply for a work and travel permit while the application is pending.

How much does adjustment of status cost?

To obtain a green card through adjustment of status, there are a number of filing fees to plan for throughout the process.

First, the candidate must pay all the fees relating to the initial petition. Usually USD 675 is payable to file the I-130 petition. Where a different type of petition is filed, check the filing instructions to ensure the correct fee is paid.

Once Form I-130 is approved, the candidate pays a separate fee to file the I-485. For most candidates, the fee is USD 1,440.

Where the candidate is under 14 and files together with a parent’s I-485, USD 950 is payable; where under 14 and filing separately, the full USD 1,440 is payable.

The filing fee is waived entirely where the candidate files Form I-485 as a refugee.

What are the eligibility requirements for adjustment of status?

To use AOS, the candidate must be eligible for a green card under one of the following categories:

• Family: the candidate may be eligible for a family-based green card as the spouse, child, parent or other close relative of a US citizen or green card holder.
• Employment: the candidate may be eligible for an employment-based green card through sponsorship by an employer, or on the basis of their own achievements and abilities.
• Other: the candidate may be eligible for a green card on humanitarian grounds, through the diversity lottery programme, or for other reasons.

More specifically, adjustment of status is the immigration process for the following marriage visa categories:

• IR6/CR6 spouse and IR7/CR7 accompanying child where the sponsor is a US citizen
• The F2A category (F26 spouse; F27 child) where the sponsor is a lawful permanent resident (also known as a green card holder)
• CF1 spouse; CF2 child where the sponsor is a US citizen and the foreign spouse is adjusting status from a K fiancé(e) visa

Other requirements for adjustment of status

To use AOS, the candidate must have used a valid visa or theVisa Waiver Programfor their most recent entry to the United States. Most candidates must be in lawful status when they first apply for adjustment of status, even where their visa subsequently expires before the process is complete.

One exception is where the candidate is applying for adjustment of status through marriage to a US citizen. In these cases, the candidate may use AOS even where they have overstayed their visa, provided they originally entered the United States on a valid visa or visa waiver.

Where the candidate is applying for adjustment of status as the spouse or immediate relative of a US citizen, there is no green card cap for the candidate. However, where applying as a more distant relative (known as a “family preference”), or where the sponsor is a green card holder, the candidate may face a long wait. The candidate may check the priority date to find out when they can apply.

Where the candidate is applying for a green card through employment or on other grounds, there may also be a wait before a green card is available. Check the latest Visa Bulletin for further information on the timeline that can be expected.

How to check the status of an AOS application

The candidate may check for updates on their green card application by entering the case number on the USCIS website. This provides information and updates throughout the green card process, including when the green card has been approved.

What happens after adjustment of status?

The exciting day arrives and the candidate receives the green card by post. Congratulations! The candidate may now work and live freely across the United States, travel abroad and return, and benefit from a route toUS citizenshipin future.

Where the candidate adjusted status through marriage and has recently married, they may receive a conditional green card valid for 2 years. The candidate must upgrade this card to a full 10-year green card as the 2-year period draws to a close.

Depending on the type of green card, the candidate may apply for citizenship after holding the green card for 3-5 years. To be eligible for citizenship, the candidate must have filed tax returns, have no criminal convictions and not have left the United States for a long period without a re-entry permit.

Frequently asked questions about adjustment of status