Adjustment of Status (AOS)

Adjustment of Status (AOS) is a process that allows eligible individuals already in the United States to apply for lawful permanent residency (Green Card) status without leaving the country. This serves an alternative to consular processing, which requires attending an interview at a U.S. embassy or consulate abroad.

The term AOS stands for Adjustment of Status, a critical immigration pathway that provides:

1. A chance for eligible individuals to remain in the U.S. during their Green Card application process.
2. A streamlined process for those qualifying under family, employment, or humanitarian visa categories.

Whether you’re applying based on a family relationship or through an employment opportunity, AOS immigration is an important step in achieving permanent residency.

Green Card Adjustment of Status is a preferred option for individuals already in the U.S. under a valid visa category, such as:

• Family-based petitions (e.g., spouses or parents of U.S. citizens).
• Employment-based petitions (e.g., EB-2 or EB-3 categories).
• Humanitarian cases (e.g., U visa holders or TPS beneficiaries).

By choosing AOS, applicants can continue living, studying, or working (with proper authorization) in the U.S. while their application is processed.

Example:
A K1 visa holder married to a U.S. citizen can apply for adjustment of status after marriage to obtain their Green Card without returning to their home country for consular processing.

The Adjustment of Status application process involves several steps that require careful preparation and compliance with USCIS guidelines. At Kulen Law, we ensure that every stage of your AOS application is handled professionally, increasing the likelihood of approval.

Step 1: File Form I-485 (Adjustment of Status Form)

Form I-485, Application to Register Permanent Residence or Adjust Status, is the primary form for adjustment of status (AOS) in U.S. immigration cases. This form helps USCIS determine whether you are eligible to become a lawful permanent resident based on your specific immigration category. Completing Form I-485 involves providing detailed information about your personal history, current status, and the underlying basis for your AOS (e.g., family-based, employment-based, etc.).

Documents to Include with Form I-485:

• Proof of lawful entry (e.g., Form I-94 Arrival/Departure Record)
• Evidence of relationship to the petitioner (for family-based applications)
• Financial support documents (e.g., Form I-864 Affidavit of Support for family-based & employment based cases)
• Employment or educational records (for employment-based applications)
• Passaport-sized photographs (meeting USCIS specifications)

Step 2: Pay the AOS Filing Fee

The AOS filing fee depends on the applicant’s age and visa category:

• Applicants aged 14 and up: $1,140 filing fee + $85 biometrics fee.
• Applicants under 14 applying with one parent: $950 filing fee (no biometrics fee required).
• Applicants aged 14 and up- $1,440, 
• Applicants under 14 and submitting I-485 concurrently with the I-485 of one parent: $950

At Kulen Law, we ensure you pay the correct fees to avoid delays.

*USCIS filing fees are determined by the U.S. Citizenship and Immigration Services and may change periodically. You can find the most up-to-date fee schedule directly on their website: https://www.uscis.gov/forms/filing-fees

Step 3: Submit Biometrics

USCIS requires AOS applicants to attend a biometrics appointment to collect fingerprints, photographs, and a signature. This information is used to conduct a background check.

Biometrics Appointment Tips:

• Bring your appointment notice and a government-issued photo ID.
• Arrive early to avoid any issues with the process.

Step 4: Attend the Adjustment of Status Interview

An AOS interview is a critical step where USCIS officers evaluate your eligibility. You must bring the original copies of all submitted documents and be prepared to answer questions about your application. (USCIS may waive the interview requirement.) 

Common AOS Interview Questions:

• For family-based AOS: Details about your relationship with the petitioner.
• For employment-based AOS: Information about your job and qualifications.

Example:
A spouse of a U.S. citizen successfully attended their AOS interview with guidance from Kulen Law, ensuring all documents were complete and answers prepared.

Step 5: Receive the Adjustment of Status Decision

After the interview, USCIS will decide on your application. If approved, you will receive your Green Card in the mail.

If Additional Evidence is Required:

You may receive a Request for Evidence (RFE) from USCIS. At Kulen Law, we respond to RFEs promptly and thoroughly to avoid delays or denials.

AOS Interview Waiver

In certain circumstances, U.S. Citizenship and Immigration Services (USCIS) may choose to waive the in-person interview for an Adjustment of Status (AOS) application. While there is no formal process for requesting an interview waiver, USCIS officers sometimes determine that an additional interview is unnecessary if the case is well-documented and no inconsistencies appear in the petition or supporting documents. Examples of situations where an interview might be waived include:

1. Straightforward Cases – Cases in which the applicant’s eligibility is clear, all background checks have been successfully completed, and there are no conflicting facts in the file.
2. Well-Substantiated Relationship – In family-based applications, the applicant has provided extensive evidence of a bona fide relationship, leaving little room for doubts about eligibility or authenticity.
3. Prior Approvals – Applicants who have already been thoroughly vetted in earlier stages (for instance, during an I-360 petition approval) may have sufficient documentation and background checks on file.
4. An AOS interview waiver may be granted under unusual circumstances, such as medical issues, age, or other exceptional situations, where attending the interview would be impractical or unnecessary.

Even if your circumstances appear to qualify for an interview waiver, USCIS ultimately decides whether to conduct an in-person interview. As an applicant, you should still be fully prepared to attend one. Providing comprehensive, accurate documentation from the start can reduce the likelihood of further scrutiny, potentially speeding up the AOS process.

Family-based immigration remains one of the most common pathways for Adjustment of Status (AOS). Through this process, eligible spouses, parents, children, and other family members can obtain a Green Card while remaining in the United States. At Kulen Law, we specialize in helping families navigate the complexities of AOS applications, ensuring all steps are completed accurately and efficiently.

Adjustment of Status After Marriage

If you are married to a U.S. citizen or a Green Card holder, you may qualify for adjustment of status through marriage, allowing you to apply for a Green Card without leaving the U.S.

Eligibility Requirements for Marriage-Based AOS

• The marriage must be legally valid and bona fide (genuine, not solely for immigration benefits).
• The applicant must have entered the U.S. lawfully (e.g., with a valid visa or visa waiver).
• For spouses of U.S. citizens, visa availability is immediate (no waiting for a priority date).

K1 Visa Adjustment of Status

Individuals who enter the U.S. on a K1 visa (fiancé visa) must:

1. Get married to their U.S. citizen fiancé within 90 days of entering the U.S.
2. File for adjustment of status (Form I-485) once the marriage is official.

Steps for K1 Visa Adjustment of Status

• File Form I-485 with all required supporting documents, including the marriage certificate and proof of relationship.
• Submit Form I-864 Affidavit of Support from the U.S. citizen spouse.
• Complete biometrics requirements and attend the AOS interview (if required).

Example
A fiancé entered the U.S. on a K1 visa and married their U.S. citizen sponsor within 60 days. With Kulen Law’s guidance, they successfully completed the AOS application and received their Green Card.

Adjustment of Status for Parents and Children

• Parents of U.S. Citizens
  Parents of U.S. citizens aged 21 or older are considered immediate relatives, so they do not have to wait for a visa number.
• Children of U.S. Citizens or Green Card Holders
  
  • Children under 21 can often apply as immediate relatives.
  • Children over 21 fall under family preference categories, which may involve waiting for a priority date.

Adjustment of Status Through Marriage to Permanent Residents

Spouses of Green Card holders can apply for adjustment of status under the F2A family preference category. Unlike immediate relatives of U.S. citizens, these applicants may face delays due to numerical visa caps.

Example
A Green Card holder’s spouse applied for AOS under the F2A category. Kulen Law ensured all documents were timely and accurate, guiding the couple until their priority date became current.

Many individuals pursue a Green Card through employment by having their employer file a Form I-140 (Immigrant Petition for Alien Worker). Once the I-140 is approved and a visa number becomes available (based on the applicant’s priority date), eligible applicants can file Form I-485 to adjust status.

Overview of Employment-Based AOS

1. Form I-140 Approval
   
   • An employer (or in certain categories, the applicant themselves) files Form I-140 for EB-1, EB-2, EB-3, or other employment-based visa categories.
   • Once USCIS approves the petition, you gain a priority date that determines when a visa is available.
2. Waiting for Visa Availability
   
   • Employment-based Green Cards often have per-country limits and category caps.
   • Applicants must wait until their priority date is “current” based on the Department of State Visa Bulletin.
3. Filing Form I-485
   
   • Once your priority date is current, you can file Form I-485 to adjust your status to lawful permanent resident.
   • You’ll typically need to provide evidence of continued employment, valid job offer, and any other supporting documentation required for your specific EB category.

Required Documentation for Employment-Based AOS

• Approved I-140 Petition Notice (Form I-797)
• Proof of Lawful Entry (Form I-94 Arrival/Departure Record)
• Current Employment Letter or Offer of Employment
• Medical Examination (Form I-693)
• Supporting Evidence of Qualifications, such as educational credentials, work experience letters, etc.

Potential Interview Waivers or Interviews

While many employment-based AOS applicants are scheduled for an interview, USCIS has the discretion to waive it if all documentation is clear and consistent. Applicants should, however, be fully prepared to attend if required.

Example
An international professional’s employer filed an EB-2 I-140 petition based on advanced degree and labor certification. After approval and once the priority date was current, the applicant filed Form I-485 and received a Green Card following a successful AOS process.

Not all Adjustment of Status (AOS) applications follow the same requirements. Special cases, such as family-based sponsorship, employment-based petitions, and humanitarian situations, come with unique challenges. At Kulen Law, we provide tailored support for these scenarios while ensuring a clear understanding of the associated costs.

I-485 Adjustment of Status and Filing Fees

The I-485 Adjustment of Status form is the primary application for AOS. USCIS filing fees depend on the applicant’s age and visa category:

• Applicants aged 14 and up: $1,140 filing fee + $85 biometrics fee
• Applicants under 14 and applying with one parent: $950 (no biometrics fee required)
• Fee Waivers: May be available for certain applicants based on financial hardship

Additional Costs:

• Medical Examination: Required for all AOS applicants; fees vary depending on the physician.
• Legal Assistance: At Kulen Law, we offer affordable, transparent legal fees to ensure your application is filed correctly the first time.

Family-Based AOS

Family-based immigration is one of the most common routes for obtaining a Green Card. Whether through marriage to a U.S. citizen, sponsorship by a permanent resident, or petition by a qualifying relative, Form I-485 plays a central role in finalizing your status.

Key Points:

• Immediate Relatives (spouses, parents, unmarried children under 21 of U.S. citizens) do not need to wait for visa availability.
• Family Preference Categories (e.g., spouses or children of Green Card holders) may face priority date backlogs.
• Associated Costs:
  
  • I-485 filing fee + biometrics fee as applicable
  • Medical exam costs
  • Possible translations or supporting document fees
  • Legal fees for preparing and filing the application

At Kulen Law, we guide families through each step, ensuring documents are accurate and complete to help avoid delays or denials.

Employment-Based AOS (Form I-140)

For many individuals, the pathway to a Green Card is through an employment-based petition, typically via Form I-140 (Immigrant Petition for Alien Worker). Once USCIS approves your I-140 and a visa number becomes available according to your priority date, you can file Form I-485 to adjust status.

Key Points:

• EB Categories: Includes EB-1 (priority workers), EB-2 (advanced degree professionals), EB-3 (skilled workers), etc.
• I-140 Approval: Confirms you meet the requirements for your specific EB category.
• Costs:
  
  • I-485 filing fee + biometrics fee
  • Medical exam (Form I-693)
  • Potential attorney fees for preparation and filing
  • Translations or additional documentation costs (if needed)

Kulen Law assists with preparing robust employment-based petitions and ensuring a smooth adjustment of status process.

Humanitarian Parole Adjustment of Status

Individuals on humanitarian parole may be eligible for AOS under specific circumstances, such as:

• Having a close family member who is a U.S. citizen or permanent resident
• Meeting other eligibility requirements under the Immigration and Nationality Act (INA)

Example
A parolee fleeing unsafe conditions in their home country applied for AOS through family sponsorship. With Kulen Law’s guidance, their application was approved without delays.

TPS Adjustment of Status

Beneficiaries of Temporary Protected Status (TPS) may adjust their status to lawful permanent resident if they meet the following conditions:

• They entered the U.S. lawfully or obtained advance parole
• They have an approved immigrant petition, such as Form I-130 or Form I-140

Key Point
TPS beneficiaries who traveled under advance parole may retain eligibility for AOS, provided they fulfill all other requirements.

U Visa Adjustment of Status

Individuals with a U visa (victims of certain crimes) can apply for AOS after holding U status for at least three years.

Eligibility Requirements:

• Continued cooperation with law enforcement
• Proof of admissibility or an approved waiver of inadmissibility
• Filing Form I-485 within the allowable period

Example
A U visa holder assisted law enforcement in prosecuting a trafficking case. After three years, they applied for AOS and received their Green Card with support from Kulen Law.

K1 Visa Adjustment of Status Costs

For K1 visa holders (fiancé visas), AOS involves additional expenses:

• Filing Fee: $1,440 for Form I-485
• Biometrics Fee: $85
• Other Costs: Medical exams, travel for biometrics appointments, and legal assistance

At Kulen Law, we ensure all K1-related AOS costs are transparent and manageable for clients. Remember, K1 holders must marry their U.S. citizen fiancé within 90 days of entering the U.S. and file for adjustment of status afterward.

By understanding the specific requirements and associated costs for each type of Adjustment of Status, applicants can better prepare their cases and avoid common pitfalls. Whether you’re applying based on family ties, employment, humanitarian parole, TPS, a U visa, or K1 fiancé status, Kulen Law provides customized guidance to ensure a smooth path to lawful permanent residence.

The time it takes to complete an Adjustment of Status (AOS) application depends on several factors, including the applicant’s category, the USCIS service center handling the case, and external factors like backlogs. At Kulen Law, we help clients understand and navigate the AOS processing timeline while ensuring timely submission of all required documents.

AOS Processing Time

Typical AOS processing may range from 6 months to 2+ years, depending on:

• Family-Based AOS: Immediate relatives (e.g., spouses, parents, children under 21) often have faster processing because visa numbers are always available.
• Employment-Based AOS: Timing varies based on the specific employment preference category (EB-1, EB-2, EB-3, etc.) and the availability of Green Cards.
• Humanitarian Cases: Timelines depend on case complexity and any special eligibility criteria.

Key Steps and Estimated Timelines

• Form I-485 Submission: USCIS typically confirms receipt within 2–4 weeks.
• Biometrics Appointment: Usually scheduled within 1–2 months after filing.
• Request for Evidence (RFE): If issued, can add 30–90 days to the process.
• AOS Interview: Often scheduled within 6–12 months (timing may vary).
• Final Decision: Typically issued within 30 days after the interview or upon submission of additional evidence.

Family-Based AOS Timeline

Family-based Adjustment of Status includes immediate relatives (U.S. citizens’ spouses, parents, and children under 21) and family preference categories (e.g., spouses or children of Green Card holders).

• Immediate Relatives:
  
  • No visa backlog; cases can move more quickly.
  • Processing times often range from 6 to 12 months, but can be shorter or longer depending on USCIS backlogs.
• Family Preference Categories (e.g., F2A, F3, F4):
  
  • Subject to visa availability based on priority dates.
  • Overall timeline can range from 1 to several years, depending on the category.

Example
A spouse of a U.S. citizen applied for AOS and received approval in 8 months, thanks to Kulen Law’s thorough preparation and timely submission of all required documentation.

Employment-Based AOS Timeline

For employment-based petitions, the I-140 (Immigrant Petition for Alien Worker) must be approved (or filed concurrently in some cases) before you can adjust status to a Green Card holder.

• Form I-140 Approval and Priority Dates:
  
  • Each EB category (EB-1, EB-2, EB-3, etc.) has a priority date that must be current for you to file Form I-485.
• AOS Filing and Processing:
  
  • Once the priority date is current, you can submit Form I-485.
  • Processing can range from 8 to 20+ months, depending on the USCIS service center, visa availability, and any potential backlogs.

Example
An EB-2 applicant who had a master’s degree and a labor certification filed Form I-140. After approval and once the priority date was current, the applicant filed I-485 and completed the process in about 14 months.

How Long Does Adjustment of Status Take?

The overall length of the AOS process depends on:

• USCIS Processing Times: Vary based on service center workload and the visa category.
• Visa Availability: Family preference and most employment-based categories require waiting for a current priority date.
• Completeness of the Application: Missing or inaccurate information can lead to Requests for Evidence (RFEs), which cause delays.

Adjustment of Status Timeline for Specific Cases

• K1 Visa Adjustment of Status:
  
  • Must marry your U.S. citizen fiancé within 90 days of entering the U.S. and file Form I-485.
  • Timeline: Often 6–12 months for Green Card approval.
• I-485 Adjustment of Status:
  
  • For employment or family-based petitions once the underlying petition (I-130, I-140) is approved and a visa is available.
  • Timeline: Ranges from 8–20 months, depending on USCIS backlogs.
• Humanitarian Cases (U Visa, TPS, etc.):
  
  • May involve additional review for eligibility and background checks.
  • Timeline: 1–3 years or longer if the case is particularly complex.

Pending Adjustment of Status

While your AOS is pending, you can:

• Apply for Work Authorization (EAD): File Form I-765 to work legally while awaiting a final decision on your Green Card.
• Apply for Advance Parole (AP): File Form I-131 to travel outside the U.S. without abandoning your AOS application.

Conclusion

Adjustment of Status timelines can vary widely based on family vs. employment categories, visa availability, and USCIS backlogs. At Kulen Law, we offer personalized guidance to help you file timely applications, respond to RFEs effectively, and maximize your chances of a smooth and efficient AOS process.

Understanding the legal framework and eligibility criteria for Adjustment of Status (AOS) is crucial for a successful application. At Kulen Law, we provide expert guidance to ensure applicants meet all requirements under U.S. immigration laws.

INA 245(a) Adjustment of Status Eligibility Requirements

Under Section 245(a) of the Immigration and Nationality Act (INA), an individual may qualify for AOS if they:

1. Were inspected and admitted or paroled into the U.S.
2. Are eligible to receive an immigrant visa.
3. Have an approved immigrant petition, such as Form I-130 or I-140.
4. Have a current priority date (if applicable).

Key Note: Certain applicants, such as K1 visa holders or immediate relatives of U.S. citizens, do not require visa availability due to their special status.

Pending Adjustment of Status Under Section 245 of the Act

Applicants with pending AOS under INA Section 245 may:

• Apply for employment authorization and/or advance parole while waiting for their Green Card.
• Remain lawfully in the U.S. during the application process.

Example:
An employment-based applicant filed Form I-485 under Section 245(a) and obtained a work permit within three months while their Green Card was pending. Kulen Law ensured the process was seamless, minimizing delays.

Adjustment of Status from Tourist Visa to Green Card

Tourist visa holders (B1/B2) may apply for AOS if they meet certain conditions:

• Must not have entered the U.S. with the intention to immigrate.
• Must have a lawful basis for AOS (e.g., marriage to a U.S. citizen).
• Must file Form I-485 before their authorized stay expires.

Key Consideration: Misrepresentation of intent during visa issuance can result in a denial or permanent bar from reentry.

Adjustment of Status Through Marriage to Permanent Resident

Spouses of Green Card holders can adjust their status under the F2A visa category. Unlike spouses of U.S. citizens, they are subject to annual visa caps and priority dates.

Consular Processing vs Adjustment of Status
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Form Here
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The Adjustment of Status (AOS) process can be complex, involving numerous legal requirements, forms, and supporting documents. At Kulen Law, we understand the importance of accuracy, timeliness, and strategic planning in AOS applications. Our experienced immigration lawyers provide comprehensive legal support to ensure your case proceeds smoothly, minimizing the risk of delays or denials.

Services Provided by Kulen Law for Adjustment of Status Applications

Comprehensive Support with Filing and Documentation

Accurate filing is the foundation of a successful AOS application. Our attorneys:

• Review all documentation to ensure compliance with USCIS requirements.
• Assist with completing and submitting Form I-485 and related forms, including Forms I-864 (Affidavit of Support), I-765 (Work Authorization), and I-131 (Advance Parole).
• Compile necessary evidence, such as proof of lawful entry, relationship evidence, employment verification, and financial support.

Example
A family-based AOS applicant faced challenges with incomplete documentation. With Kulen Law’s assistance, the case was thoroughly reviewed, missing evidence was submitted, and the application was approved without delays.

Expert Advice on Eligibility and Requirements

Eligibility for AOS depends on various factors, such as visa type, lawful entry, and visa availability. At Kulen Law, we:

• Evaluate your case to confirm eligibility under Section 245(a) of the Immigration and Nationality Act (INA).
• Guide you through specific eligibility requirements for family-based, employment-based, or humanitarian AOS.
• Address special considerations for K1 visa holders, TPS beneficiaries, U visa recipients, and other unique cases.
• Resolve inadmissibility issues, such as overstays or unlawful presence, through waivers or other legal strategies.

Key Insight
Our attorneys help you understand complex rules like priority dates for family or employment-based AOS and how they impact your timeline.

Section 245(k) Relief for Employment-Based AOS

One area in which Kulen Law excels is Section 245(k)—a provision that can preserve an applicant’s eligibility for employment-based Adjustment of Status even if they have accumulated less than 180 days in violation of their nonimmigrant status. Specifically:

• Who Qualifies?
  
  • Employment-based AOS applicants who might have fallen out of status for fewer than 180 days since their most recent lawful admission.
  • Individuals with minor status violations, such as short periods of unauthorized employment or expired immigration documents.
• Why It Matters
  
  • Without Section 245(k), such status violations could disqualify an applicant from filing I-485.
  • Section 245(k) provides a critical safety net, allowing qualified individuals to continue with employment-based AOS rather than returning abroad for consular processing.
• How Kulen Law Helps
  
  • We analyze your timeline carefully to determine if your violation period is under the 180-day threshold.
  • We prepare compelling evidence to show continuous compliance and minimize any potential USCIS concerns.
  • We advocate on your behalf with USCIS, using our deep knowledge of Section 245(k) to fortify your case.

Key Takeaway
Our in-depth familiarity with Section 245(k) helps many employment-based applicants maintain eligibility for AOS, even if they’ve had brief lapses in status.

Timely Responses to RFEs or Other USCIS Inquiries

Receiving a Request for Evidence (RFE) from USCIS can be stressful, but it often represents a valuable opportunity to strengthen your case. Our lawyers:

• Analyze the RFE to identify exactly what additional documents or clarifications USCIS requires.
• Provide a prompt and well-documented response to avoid delays or denials.
• Maintain regular communication with USCIS to track your application’s progress and reduce uncertainty.

Example
An employment-based applicant received an RFE questioning the eligibility of their job offer under the EB-2 category. Kulen Law assembled a robust response, addressing the officer’s concerns and ultimately securing the petition’s approval.

Conclusion

Whether you’re adjusting status through family-based, employment-based, or humanitarian petitions, Kulen Law brings comprehensive expertise to the table. From filing the correct forms and addressing special provisions like Section 245(k) to responding decisively to RFEs, our attorneys work tirelessly to ensure your Adjustment of Status application proceeds as smoothly—and successfully—as possible.

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Who Can Benefit from Our Adjustment of Status Legal Services?

1. Family Members:
   
   • Spouses, children, and parents of U.S. citizens or Green Card holders.
   • Applicants filing for AOS through marriage or other family relationships.
2. Employment-Based Applicants:
   
   • Professionals with approved I-140 petitions seeking to adjust status to permanent residency.
   • Applicants transitioning from nonimmigrant work visas, such as H1B or L1, to Green Cards.
3. Humanitarian Beneficiaries:
   
   • U visa holders, TPS recipients, and individuals on humanitarian parole.
   • Refugees or asylees eligible to apply for AOS.

Why Choose Kulen Law as Your Adjustment of Status Lawyer?

At Kulen Law, we prioritize precision, transparency, and personalized service. Here’s why clients trust us:

1. Extensive Experience in AOS Cases:
   With decades of experience, our attorneys have successfully handled thousands of AOS applications, including complex cases involving RFEs, inadmissibility waivers, and more.
2. Nationwide and Global Reach:
   Based in New York City, we assist clients across the U.S. and globally, providing seamless communication and expert guidance regardless of location.
3. Customized Solutions for Every Client:
   Each case is unique. We tailor our strategies to meet your specific needs, whether it’s family-based AOS, employment-based AOS, or humanitarian cases.

Contact Kulen Law for Adjustment of Status Assistance

If you’re applying for Adjustment of Status and want to ensure your application is handled with care and precision, Kulen Law is here to help. From filing your initial application to responding to USCIS inquiries, we provide comprehensive legal support at every stage of the process.