Adjustment of status (AoS) is the process that you can use to apply for lawful permanent resident (LPR) status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.
If you are outside of the United States, you must obtain your visa abroad through Consular Processing.
The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying under. The first step in the adjustment of status process is to determine if you fit into a specific immigrant category.
You or someone else must file an immigrant petition for you (if applicable)
Most people who apply for a Green Card will need to complete at least two forms—an immigrant petition and a Green Card application. Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases. Here are the most common forms:
- Form I-130, Petition for Alien Relative
- Form I-140, Immigrant Petition for Alien Worker
- Form I-730, Refugee/Asylee Relative Petition
- Form I-589, Application for Asylum and for Withholding of Removal
Other petitions include:
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Form I-526, Immigrant Petition by Alien Entrepreneur
- Form I-918, Petition for U Nonimmigrant Status
- Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant
Most categories require you to have an approved immigrant petition before you can file a Form I-485, Application to Register Permanent Residence or Adjust Status. However, some categories may allow you to file your Form I-485 at the same time that the immigrant petition is filed or while the immigrant petition is pending. This is called “concurrent filing.” For more information on concurrent filing, see our Concurrent Filing page or the specific page for your eligibility category.
Some categories do not require an underlying immigrant petition (for example, Cuban Adjustment Act). Go to our Green Card Eligibility Categories page to determine if an immigrant petition is or is not required for each category.
Check visa availability (if applicable)
In general, you may not file your Form I-485 until a visa is available in your category. For information on visa availability, see the Visa Availability and Priority Dates page, the Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin.
For exceptions to the visa availability requirement, please check your specific immigrant category for more information.
File Form I-485
If you are in the United States and are eligible for adjustment of status, you may file a Form I-485.
If you are applying to adjust your status to lawful permanent resident under section 245(i) of the Immigration and Nationality Act (INA), you must complete both Form I‑485 and Form I-485 Supplement A, Adjustment of Status Under Section 245(i).
If you want to learn more about this topic or other topics or about our legal services for the preparation and the filing of applications, please do contact us at (+1) 202 600 7742, or email us at info@adhikarilaw.com