Adjustment of Status Visas

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Adjusting Your Status While Living in the U.S.

Adjustment of Status (AOS) is the process that allows eligible non-immigrants already in the U.S. to apply for lawful permanent residency—without having to leave the country. If granted, it opens the door to a green card, legal work, and eventual citizenship. But the process comes with strict requirements, exceptions, and risks.

What Is Adjustment of Status?

The term refers to an application filed by someone already in the U.S. who wants to switch from a temporary, non-immigrant visa to a permanent immigrant status. This process is handled through **Form I-485** and is only available to individuals who:

Are physically present in the U.S.
Are eligible for immigrant status through a family, employer, or humanitarian petition
Have no disqualifying bars to adjusting their status

General Eligibility Requirements

To qualify for Adjustment of Status, you must meet all of the following:

You’re currently in the U.S. and have been lawfully admitted or paroled
You have an approved petition (such as Form I-130 or I-140), or you’re filing one concurrently
Your priority date is current according to the Visa Bulletin (for visa-limited categories)
You did not enter the U.S. unlawfully—with exceptions under INA 245(i) and for immediate relatives
Your circumstances haven’t changed in a way that makes you ineligible (e.g., divorce or death of sponsor)

Family-Based Examples to Understand Common Scenarios

These real-life situations show how small changes can impact eligibility: – A U.S. citizen mother petitions for her 20-year-old unmarried son. If she passes away before the application is approved, he may no longer qualify. – A legal permanent resident father petitions for his daughter. If she marries before approval, she loses her eligibility under that petition. – A U.S. citizen petitions for a spouse, but the couple divorces before the process is complete. The application will likely be denied unless special circumstances apply.

Employment-Based Adjustment Examples

– An EB-1(B) applicant (Outstanding Researcher) loses the job offer before approval. The petition will be denied.

– A National Interest Waiver recipient changes careers. If their new job doesn’t align with their original field, USCIS may reject the application.

– Employment-based applicants must typically stay with their sponsoring employer for **at least 180 days** after filing Form I-485.

Statutory Bars That Can Block Your Adjustment

Even if you’re otherwise eligible, USCIS may deny your application if you fall under any of the following bars:

Unauthorized employment or unlawful status (with exceptions for immediate relatives and 245(i))
Entry on a visa waiver or D visa (crew) without eligibility for exception
Failure to meet J-1 or J-2 two-year foreign residency requirements without a waiver
Public charge concerns—you must prove financial independence or a qualified sponsor
Marriage fraud or improper intent—USCIS looks for evidence the marriage is genuine

Adjustment of Status Is Not Automatic

Even if you’re eligible and not barred, your case is still subject to **discretionary approval** by USCIS. Officers weigh your background, personal history, and any negative factors—like violations, fraud concerns, or poor immigration history. Having **close family ties, strong moral character**, and **a consistent legal presence** can tip the scales in your favor.

Take the Next Step With Confidence

Adjustment of Status is one of the most complex yet life-changing immigration processes. If you’re unsure about your eligibility—or worried that a mistake could set you back—let’s talk. Schedule a consultation today and let us help you navigate the process with clarity and precision.