Marriage to a U.S. Citizen
Certain spouses of U.S. citizens may be eligible to apply for permanent residence from within the United States.
Learn more about our Marriage Green Card Services.
Green Card Adjustment of Status
Adjustment of Status Lawyer in New York
Personalized legal guidance for eligible applicants pursuing a Green Card from within the United States through Form I-485 and the Adjustment of Status process.
- Eligibility and immigration-history review
- Form I-485 application preparation
- Supporting-document guidance
- Interview preparation
Adjustment of Status
Adjustment of Status Immigration Services
Green Card applications from within the United States
If you are already in the United States and want to apply for lawful permanent residence without leaving the country, Adjustment of Status (AOS) may be an option depending on your immigration category and circumstances.
Adjustment of Status allows certain eligible foreign nationals to apply for a Green Card from within the United States. The process can involve Form I-485, supporting documentation, biometrics, a medical examination, an interview, and additional immigration forms depending on the case.
At E-Z Immigration, we help individuals and families understand whether Adjustment of Status may be appropriate for their situation and assist with preparing their immigration applications.
Whether your Green Card case is based on marriage, family sponsorship, employment, VAWA, or another qualifying category, our team can help you understand the process and requirements.
Explore our Family Immigration Services or contact E-Z Immigration to discuss your case.
Adjustment of Status explained
What Is Adjustment of Status?
Adjustment of Status is the process through which an eligible person already in the United States may apply to become a lawful permanent resident without generally having to return to their home country for an immigrant visa interview.
The primary application is Form I-485, Application to Register Permanent Residence or Adjust Status.
Whether you can adjust your status depends on factors such as your immigration category, how you entered the United States, your current status, visa availability, and whether any immigration bars or inadmissibility issues apply.
Not everyone who is physically present in the United States is eligible to adjust status. A careful review of your immigration history is therefore important before filing.
Adjustment of Status eligibility
Who May Be Eligible for Adjustment of Status?
Adjustment of Status may be available to certain individuals who qualify through an approved or concurrently filed immigrant petition or another eligible immigration category.
Common situations include:
Family-Based Immigration
Eligible family members of U.S. citizens or lawful permanent residents may be able to pursue permanent residence through a family-based immigration category.
K-1 Fiancé(e) Visa
A person who entered the United States on a K-1 fiancé(e) visa and married the U.S. citizen petitioner within the required period may be eligible to apply for adjustment of status.
See our K-1 Fiancé(e) Visa Services.VAWA
Certain VAWA self-petitioners may qualify for adjustment of status depending on their circumstances and immigration category.
Learn more about our VAWA Immigration Services.Employment-Based Immigration
Certain foreign nationals may be eligible for adjustment of status based on an employment-based immigrant category when the applicable requirements are met and an immigrant visa is available.
The eligibility rules vary significantly between categories.
From eligibility to decision
Adjustment of Status Process
The Adjustment of Status process can vary depending on the basis of your Green Card application. A typical case may involve several stages.
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Step 1: Determine Eligibility
Before filing, your immigration history and eligibility should be reviewed.
Important factors can include:
- How you entered the United States
- Your current immigration status
- Your immigration category
- Family relationship, if applicable
- Employment category, if applicable
- Previous immigration filings
- Immigration violations
- Criminal history
- Possible inadmissibility issues
- Visa availability
This initial evaluation can help identify potential problems before an application is submitted.
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Step 2: File the Immigrant Petition
Depending on your case, an immigrant petition may need to be approved before you can file Form I-485.
For example, a family-based case may involve Form I-130, Petition for Alien Relative.
In certain situations, eligible applicants may be able to file the immigrant petition and Form I-485 together.
The appropriate filing strategy depends on your immigration category and circumstances.
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Step 3: File Form I-485
Form I-485 is the primary application for Adjustment of Status.
The application must generally be submitted with the required supporting documentation and applicable filing fees.
Errors, missing information, or inconsistencies can create unnecessary complications, so careful preparation is important.
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Step 4: Biometrics Appointment
USCIS may schedule a biometrics appointment to collect fingerprints, photographs, and other information required for background checks.
Applicants should attend the appointment as instructed unless USCIS provides different instructions.
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Step 5: Immigration Medical Examination
Depending on the circumstances, an immigration medical examination may be required as part of the adjustment process.
The examination must generally be completed by a USCIS-designated civil surgeon in the United States.
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Step 6: Employment Authorization and Travel Documents
Depending on eligibility and the forms filed, an applicant may also apply for:
- Employment Authorization Document (EAD)
- Advance Parole travel authorization
These benefits are separate from the Green Card itself and are subject to their own eligibility and processing requirements.
You should not assume that filing an Adjustment of Status application automatically gives you permission to work or travel internationally.
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Step 7: Adjustment of Status Interview
USCIS may schedule an interview before making a decision on the application.
The questions asked during an interview depend on the basis of the application.
For a marriage-based case, for example, the officer may ask about:
- How the couple met
- Relationship history
- Wedding
- Shared residence
- Daily life
- Family
- Finances
- Future plans
Other adjustment cases may focus on different eligibility requirements and documentation.
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Step 8: USCIS Decision
After reviewing the application, supporting evidence, background checks, and any interview information, USCIS may approve or deny the application or request additional evidence.
If approved, the applicant becomes a lawful permanent resident subject to the terms and conditions of the applicable immigration category.
Marriage-based adjustment
Adjustment of Status Through Marriage
Marriage to a U.S. citizen is one of the most common bases for Adjustment of Status.
If you are already in the United States and qualify, you may potentially apply for a Green Card through your marriage without completing the immigrant visa process abroad.
A marriage-based Adjustment of Status case may involve:
- Form I-130
- Form I-485
- Form I-864
- Form I-693
- Supporting relationship evidence
- Financial documentation
- Identity and civil documents
- Immigration records
Eligibility depends on the circumstances of the individual case.
For more information, visit our Marriage Green Card page.From fiancé(e) visa to Green Card
Adjustment of Status After a K-1 Visa
90day period
If you entered the United States with a K-1 fiancé(e) visa, you may be able to pursue Adjustment of Status after marrying the U.S. citizen petitioner within the required 90-day period.
The adjustment process after K-1 entry has specific requirements, and the Green Card application should be prepared based on the circumstances of the K-1 case.
Read more about our K-1 Fiancé(e) Visa Services.Family-based pathway
Adjustment of Status Through Family Immigration
Family-based immigration can provide a pathway to permanent residence for eligible relatives of U.S. citizens and lawful permanent residents.
The process and visa availability depend on the family relationship and the immigration status of the petitioner.
If your case involves a spouse, parent, child, or another qualifying family relationship, our Family Immigration Services can help you understand the available immigration options.
Independent immigration options
Adjustment of Status and VAWA
Certain individuals who qualify for VAWA protection may also be eligible to pursue permanent residence through Adjustment of Status.
VAWA can allow qualifying abused spouses, children, and parents to pursue immigration benefits independently of the abusive family member.
If your case involves domestic violence, battery, or extreme cruelty, learn more about our VAWA Immigration Services.
Application documentation
Documents Needed for Adjustment of Status
The documents required depend on the basis of your application.
Common documentation may include:
- Passport
- Birth certificate
- Marriage certificate, where applicable
- Divorce decrees, if applicable
- Current immigration documents
- I-94 record
- Visa records
- Previous immigration notices
- Passport-style photographs
- Financial documents
- Affidavit of Support
- Evidence supporting the qualifying relationship
- Medical examination documentation
- Employment documentation, where applicable
- Other evidence required for the specific immigration category
Additional documents may be necessary if you have previous immigration violations, criminal records, prior visa refusals, or other complications.
Potential complications
What Can Cause Problems With Adjustment of Status?
Adjustment of Status cases can become complicated for many reasons.
Potential issues include:
Immigration Violations
Previous overstays or violations of immigration status can affect eligibility depending on the immigration category and circumstances.
Unauthorized Employment
Working in the United States without authorization can have immigration consequences, although certain applicants may be subject to different rules depending on their category.
Improper Entry
The manner in which you entered the United States can be an important factor when determining Adjustment of Status eligibility.
Criminal History
Certain criminal conduct can create inadmissibility issues.
Previous Immigration Applications
Information that conflicts with previous visa applications, petitions, or immigration filings may require additional review.
Misrepresentation or Fraud
Previous statements or documents submitted to U.S. immigration authorities can potentially affect eligibility.
Removal or Deportation Proceedings
Individuals who have been placed in removal proceedings may require a different legal strategy and should obtain professional immigration guidance.
Preparing for your appointment
Adjustment of Status Interview Preparation
An interview can be an important part of the Adjustment of Status process.
Before your interview, it is important to understand:
- What information was submitted with your application
- Which documents were included
- Your immigration history
- The basis for your Green Card application
- Any potential issues in your case
- What additional evidence may be appropriate
For marriage-based applications, both spouses may need to answer questions about their relationship and shared life.
Being prepared does not mean memorizing answers. It means understanding your application and being able to answer questions honestly and consistently.
Comparing immigration pathways
Adjustment of Status vs. Consular Processing
If you are applying for a family-based Green Card, the appropriate process depends largely on where you are located and whether you are eligible to adjust status.
The two processes have different requirements and considerations.
If your spouse or family member lives outside the United States, our team can help you understand whether Consular Processing or another immigration pathway may be appropriate.
Careful application preparation
Why choose E-Z Immigration?
Why Choose E-Z Immigration for Adjustment of Status?
Adjustment of Status involves detailed forms, supporting evidence, immigration history, and eligibility requirements.
At E-Z Immigration, we help clients understand their options and prepare their applications carefully.
Our Adjustment of Status services can include:
- Eligibility evaluation
- Immigration history review
- Form I-485 preparation
- Family-based adjustment assistance
- Marriage-based Green Card assistance
- Supporting-document review
- Evidence organization
- Interview preparation
- Guidance regarding EAD and travel authorization
- Identification of potential immigration complications
- Green Card process guidance
For broader immigration assistance, explore our Immigration Lawyer Services in New York.
Frequently asked questions
Frequently Asked Questions About Adjustment of Status
What is Adjustment of Status?
Adjustment of Status is the process that allows certain eligible individuals already in the United States to apply for lawful permanent residence without generally having to obtain an immigrant visa through a U.S. consulate abroad.
What form is used for Adjustment of Status?
The primary application is Form I-485, Application to Register Permanent Residence or Adjust Status.
Other forms may be required depending on the basis of your Green Card application.
Can I adjust my status through marriage?
Potentially. Certain spouses of U.S. citizens may be eligible to apply for a Green Card through Adjustment of Status if they meet the applicable requirements.
Can I apply for Adjustment of Status while my I-130 is pending?
In certain circumstances, an eligible applicant may be able to file Form I-130 and Form I-485 together. Whether concurrent filing is available depends on the immigration category and visa availability.
Can I work while my Adjustment of Status application is pending?
Depending on eligibility and the applications filed, you may be able to obtain employment authorization. Filing an I-485 does not by itself mean that you are automatically authorized to work.
Can I travel while my Adjustment of Status case is pending?
International travel while an I-485 application is pending can have significant immigration consequences in some circumstances. Whether travel is permitted depends on your status, documents, and immigration category. Obtain legal guidance before leaving the United States if you have a pending adjustment application.
How long does Adjustment of Status take?
Processing times vary based on the USCIS office handling the case, immigration category, background checks, interview requirements, and other factors. Processing times can change, so no specific timeline can be guaranteed.
Do I need an immigration lawyer for Adjustment of Status?
You are not always legally required to have an attorney. However, professional guidance can be particularly valuable if your case involves immigration violations, previous visa refusals, criminal history, prior removal proceedings, or other complications.
What happens after my Adjustment of Status is approved?
If your application is approved, you become a lawful permanent resident under the applicable immigration category. Your Green Card will provide evidence of your permanent resident status.
Start Your Adjustment of Status Application
Start Your Adjustment of Status Application
If you are already in the United States and believe you may qualify for a Green Card, understanding your eligibility is the first step.
Whether your case is based on marriage, family immigration, a K-1 visa, VAWA, employment, or another qualifying category, E-Z Immigration can help you understand the Adjustment of Status process.
Immigration laws and procedures can change. This page is provided for general informational purposes and does not constitute legal advice or create an attorney-client relationship.