Adjustment of Status: How to Apply for a Green Card Without Leaving the U.S.
What Is Adjustment of Status?
Adjustment of Status (AOS) is a process that allows eligible individuals already in the United States to apply for lawful permanent residency (a green card) without having to return to their home country. It is an ideal solution for many immigrants who want to remain in the U.S. while their green card application is processed.
At San Diego Immigration Attorney – Susan V. Perez Law Offices, we help clients navigate the AOS process with confidence — from determining eligibility to preparing for the final interview.
Who Is Eligible for Adjustment of Status?
You may qualify for Adjustment of Status if:
- You are physically present in the U.S.
- You entered the U.S. lawfully (with a valid visa or parole)
- You have an approved immigrant petition (such as an I-130 or I-140)
- A visa is currently available in your category
- You are not subject to inadmissibility due to criminal history, fraud, or unlawful presence (unless waived)
Common eligibility paths include:
- Family-based immigration (spouse, parent, child of a U.S. citizen)
- Employment-based immigration
- Asylees or refugees (after one year in status)
- VAWA petitioners (self-petitioning survivors of abuse)
Adjustment of Status vs. Consular Processing
Adjustment of Status
- Apply from within the U.S.
- No need to leave the country
- In-person USCIS interview
- Often safer and more convenient for eligible applicants
Consular Processing
- Must attend interview at a U.S. embassy/consulate abroad
- Requires travel and possible visa delays
- Interview at the consulate in home country
- May be required if entry to the U.S. was unlawful
If you entered the U.S. without inspection or overstayed a visa, you may not qualify for AOS unless protected by certain waivers or humanitarian provisions.
Forms Required for Adjustment of Status
Filing for AOS typically includes several forms:
- Form I-485 – Application to Register Permanent Residence or Adjust Status
- Form I-130 or I-140 – If not previously approved
- Form I-864 – Affidavit of Support (for family-based applicants)
- Form I-693 – Medical Examination Report
- Form I-765 – Work Authorization (optional)
- Form I-131 – Advance Parole (if you plan to travel before approval)
You’ll also need:
- Government-issued ID
- Immigration documents (passport, visa, I-94)
- Proof of relationship or employment
- Evidence of eligibility and admissibility
The Adjustment of Status Interview
Most applicants will attend an interview at a local USCIS office. During the interview, an immigration officer will:
- Confirm your eligibility
- Review your documents
- Ask questions about your background and application
- Verify your relationship (in family-based cases)
Preparation is key — inconsistencies or missing documents can lead to delays or denials. Our office works closely with clients to ensure they are ready and confident before interview day.
Common Pitfalls to Avoid
- Filing before a visa is available for your category
- Failing to disclose previous immigration violations
- Incomplete or inconsistent forms
- Submitting outdated documentation
- Not attending the biometrics or interview appointment
A simple error can cost months — or result in denial. Our legal team helps clients avoid mistakes and streamline the process.
FAQs About Adjustment of Status
How long does the Adjustment of Status process take?
On average, 8–14 months, depending on USCIS workload and your case type.
Can I work while waiting for my green card?
Yes — if you file Form I-765 along with your AOS packet, you can receive a work permit while your case is pending.
What if I leave the U.S. before my green card is approved?
You must file Form I-131 (Advance Parole) before leaving. Traveling without it may result in application abandonment.
Do I need an attorney for Adjustment of Status?
You’re not required to hire one — but given the complexity, an experienced immigration attorney can help ensure everything is done properly, increasing your chances of success.
Ready to Apply for a Green Card from Inside the U.S.?
At San Diego Immigration Attorney – Susan V. Perez Law Offices, we’ve helped countless individuals and families adjust their status legally and efficiently. Whether you’re applying through family, employment, or humanitarian grounds, we’re here to make the process smoother and less stressful.
📞 Call us at (619) 819-8648 or
📩 Contact us today to schedule a consultation
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