Adjustment of Status for Immigrant Visa (Green Card)

The objective of this page is to assist people in avoiding filing mistakes and knowing what to anticipate at their local INS office during the Adjustment of Status process for U.S. green card.

Adjustment of Status, abbreviated as AOS, is a procedure that permits an eligible candidate to become a lawful permanent resident without having to leave the United States. AOS filing is different from the "normal" route of obtaining permanent residence status ("green card"). In the normal method, the applicant needs to apply for an immigrant visa abroad at a U.S. consulate.

Adjustment of Status helps an alien who resides in the U.S. and meets the eligibilities to avoid an expensive trip to their native country for consular processing, which is a counterpart of the adjust of status. AOS filling is also referred to as ‘applying for a green card from the U.S. or adjustment to immigrant status.

Where to File AOS application:

Adjustment applications are normally submitted to the USCIS (U.S. Citizenship and Immigration Services) District Director in the district of the applicant's dwelling. The applicants are also allowed to file applications at the regional service centers. This requires that applications are based on official employment-based petitions, including those of enterprisers and dependents.

Application is generally submitted by mail, and approved either by mail or after an interview at one of the INS (Immigration and Naturalization Service) district offices. If all the procedures do well, the applicant can accomplish the permanent resident status (“Green Card”) in the U.S. by stamping the immigrant visa in his/her passport.

Eligibility to Adjustment of Status:

All aliens are not eligible for this procedure. To apply for adjustment to permanent resident status, the person is already lived in the United States and he/she satisfies one or more of the following categories.

Family member: An alien either has approved family based immigrant petition or filing it concurrently at any possible time. Family-based petition categories include parent-child, marital, fiancé, and other immediate relatives of either U.S. citizens or green card holders.

Employment: An alien looking for adjustment of US immigration status based on an employment-based visa should be in a lawful non-immigrant status at the time of AOS filing. He/she will also need a U.S. firm to sponsor him/her in order to get a green card.

Initially, the U.S. employer must earn an approval from the Department of Labor (USDOL) through ‘labor certification’ (See PERM-Labor Certification), which is the first step in obtaining an employment-based visa for special classes of employees. This certification also proves that there are currently no US workers available for the post being taken by a foreign employee.

Grounds of Admissible: The aliens should be "admissible", i.e. he/she is not subject to the grounds of inadmissibility. Generally, foreigners in the U.S. without having been admitted or paroled are regarded inadmissible. But, there is an exception available for a few who qualify for immigrant status, if those people or their child has been subject to severe cruelty.

US occupant since before Jan 1, 1972: If you have been constantly resided in the country since before January 1, 1972, you are eligible for adjustment of status. This type of adjustment is called "Registry." (See Green Card through Registry page)

There are some negative factors that will lead to a discretional rejection of AOS application even when the alien meets all above stated requirements.

Ineligibility to filing AOS application:

• An alien entered the country in illegal way, in transit without a visa under section 212(d)(4)(C), or as an alien crewman.
• The alien is employed in the U.S. without USCIS approval. This rule is not applicable for a person if he/she is an immediate relative of a U S citizen, a K-1/k-2 fiancé dependent (Visit K1 Fiance Visa page and  K2 Non-immigrant Visa page to know more about K1/K2 visa.) who married the US requester within 90 days of admittance, or an H or I nonimmigrant or special immigrant, including international organization employees, foreign medical graduates, etc.
• The alien cannot adjust status if he/she is now (or before has been) out of status or if he/she has ever broke the rules and terms of a non-immigrant visa.

The principal benefit of adjustment of status is that the procedure does not necessitate that the candidate goes overseas at any time to the grant of green card. Secondly, the applicant requiring a waiver of exclusion can remain in the U.S. while the waiver program is being processed.

Some disadvantages are the delay involved in AOS filing processing (may wait up to 5 years for settlement), the discretional judgment of USCIS officers, and the legal grounds for rejecting an application.

Our Adjustment of Status Application Services:

• Full review of all your personal situations,
• Recognition of major legal issues which may influence your AOS application,
• Exact preparation of your adjust of status application,
• Submission of application to the right government organizations, and more.