As we move into the new year, many individuals may be preparing to apply for Adjustment of Status (AOS) for the first time. If you’re one of them, understanding the ins and outs of this important process will be key to your success. Whether you’re applying through family, employment, or another qualifying path, this step can be daunting without the right knowledge and support.
This guide aims to demystify the process for first-time applicants, offering clear information on eligibility, documentation, and what you can expect from each step.
What is Adjustment of Status? 
Adjustment of Status (AOS) is a process that allows individuals already in the U.S. to apply for lawful permanent residency (a green card) without leaving the country. For those who meet the requirements, this option eliminates the need for consular processing, which typically involves applying for a visa at a U.S. consulate abroad. AOS is particularly useful for people who are already in the U.S. on a temporary visa, allowing them to adjust their status without returning home.
While the process might seem straightforward, the key to success lies in understanding the full scope of what’s involved and knowing how to approach each stage of your application.
Key Eligibility Criteria for First-Time Applicants
To apply for Adjustment of Status, there are a few crucial eligibility requirements that you must meet. These criteria vary depending on the type of petition (family-based, employment-based, etc.) under which you are applying for a green card. However, the general requirements include:
- Eligibility for a Green Card: You must be the beneficiary of an approved petition, such as a family-based petition (Form I-130) or an employment-based petition (Form I-140).
- Legal Entry to the U.S.: In most cases, applicants must have entered the U.S. legally. If you entered unlawfully or overstayed a visa, you may face additional hurdles.
- No Bars to Admission: Certain issues, like criminal convictions or immigration violations, can prevent you from being granted a green card.
If you’re unsure whether you meet these requirements, consulting with an immigration lawyer at The Scheer Immigration Law Group can help you determine your eligibility.
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The Adjustment of Status Process
The process of applying for Adjustment of Status is detailed and involves several important steps. First-time applicants must carefully follow these stages to ensure they submit a complete and accurate application.
Step 1: File Form I-485 (Application to Register Permanent Residence or Adjust Status)
The first step in the AOS process is filing Form I-485 with U.S. Citizenship and Immigration Services (USCIS). Along with this form, you’ll need to submit various supporting documents. Common documents include:
- Proof of identity (such as a passport, birth certificate, or government-issued ID)
- Proof of lawful entry into the U.S. (such as your I-94 form or entry stamp in your passport)
- Affidavit of Support (Form I-864): If you’re applying through a family-based petition, you must submit this form, which demonstrates that your sponsor can financially support you.
Be sure to include all required documents with your application. Missing or incorrect documentation can delay the processing of your case.
Step 2: Submit Biometrics for Background Checks
After your Form I-485 is received by USCIS, you will be scheduled for a biometrics appointment. During this appointment, USCIS will take your fingerprints, photograph, and signature to conduct background checks. This process is mandatory for all AOS applicants and is designed to ensure that there are no criminal or security issues in your history that would prevent you from obtaining permanent residency.
The biometrics appointment typically takes place at a local USCIS office. Make sure to attend this appointment as scheduled, as failure to do so can result in your application being delayed or denied.
Step 3: Interview with USCIS (If Required)
In most cases, USCIS will schedule an interview as part of the AOS process. During this interview, a USCIS officer will review your application and ask questions about your background, your eligibility for a green card, and your relationship with your sponsor (if applicable).
Be prepared for questions related to your immigration history, your intentions in the U.S., and the documents you submitted with your application. In some cases, applicants may be asked to provide additional documentation or clarification during the interview.
Step 4: Receive Your Decision
After the interview, USCIS will issue a decision on your application. If your application is approved, you will receive your green card, which grants you permanent residency in the U.S.
The timing of this decision can vary. In some cases, applicants may receive a decision within a few months, while in other cases, it could take over a year or more.
Timelines and What to Expect
The processing time for Adjustment of Status applications can be lengthy, depending on several factors, including the USCIS office handling your case, your type of petition, and whether any additional evidence or information is required.
On average, you should expect the following timelines:
- Processing Time: AOS applications generally take 8 months to over 2 years to process, depending on your specific case.
- Work Authorization: If you’re eligible, you can apply for a work permit while your AOS application is pending by filing Form I-765. This allows you to work legally in the U.S. while waiting for a decision on your green card application.
- Travel Restrictions: If you need to travel outside of the U.S. while your AOS application is pending, you must apply for Advance Parole (Form I-131). Traveling without this approval could jeopardize your application.
It’s important to remain patient during this process and avoid making any changes to your situation unless you’ve consulted with your attorney.
Common Challenges for First-Time Applicants
While the AOS process is designed to help individuals transition to permanent residency, there are several common challenges that first-time applicants may encounter. Here are some of the most frequent issues:
- Document Collection: Assembling all the required documents can be overwhelming. It’s important to carefully follow USCIS instructions and submit accurate copies of all relevant documents.
- Eligibility Issues: If you’ve had any immigration violations, criminal convictions, or other issues that could impact your eligibility, you may face complications in the process. Consult an attorney early to address these concerns.
- Interview Preparation: Preparing for the USCIS interview is essential. Ensure that you review your application thoroughly and understand the information you submitted. Your attorney can assist you in preparing for the interview.
How The Scheer Immigration Law Group Can Help
At The Scheer Immigration Law Group, we specialize in assisting first-time applicants through the Adjustment of Status process. Our experienced attorneys will guide you through every step of the application, from filing the necessary forms to preparing for your interview with USCIS.
If you’re ready to start your AOS journey in 2025, contact us today to schedule a consultation. We’re here to ensure that your application is as strong as possible and that you fully understand each part of the process.
Adjusting your status to permanent residency is an exciting but complex journey. By understanding the process and knowing what to expect, you can ensure that your application is handled properly from start to finish. Whether you’re applying for the first time or helping a loved one through the process, careful preparation and expert guidance will go a long way in achieving your immigration goals.
Call to Action: Ready to adjust your status in the new year? Reach out to The Scheer Immigration Law Group today for professional guidance on your case.