Green Card Through Adjustment of Status: A Step-by-Step Guide

Thinking about getting a Green Card without leaving the United States? Adjustment of status lets you apply for permanent residence while you stay here. At N400 Harbor Immigration Law in Pompano Beach, Florida, we help people and businesses across the country file for visas, Green Cards, and citizenship with clarity and care. Our goal today is simple: give you a clear, step-by-step guide to adjustment of status, from eligibility to interview, with practical tips along the way. Every case is different, so getting legal advice for your own facts can save time and stress.

Who Is Eligible for Adjustment of Status?

Not everyone in the U.S. can use adjustment of status. Eligibility depends on how you entered, the Green Card category you qualify under, and your immigration history. Some paths allow flexibility, while others require strict compliance with visa availability and past status rules.

Family-Based Eligibility

Immediate relatives of U.S. citizens, that is spouses, unmarried children under 21, and parents of U.S. citizens age 21 or older, can apply when otherwise eligible. Family preference relatives, such as siblings of citizens, adult children, and spouses or children of Green Card holders can apply once a visa number is available in the Visa Bulletin. Visa backlogs often affect these preference categories, so priority dates matter a lot.

When timing is tight, filing correctly the first time helps keep a case moving. A quick check of current filing charts can prevent avoidable delays.

Employment-Based Eligibility

Workers with approved I-140 immigrant petitions under EB-1, EB-2, or EB-3 can file AOS once a visa number is available. In many EB cases, you can submit the I-140 and I-485 at the same time, called concurrent filing, if the visa category is current. Some EB applicants also use Supplement J to confirm a bona fide job offer or portability under INA 204(j).

Employment rules often involve fine details about job classification and timing. Good records from the employer go a long way.

Humanitarian and Other Categories

Asylees can apply for adjustment of status after one year in asylum status under INA 209(b) if they remain eligible and asylum has not been terminated. VAWA self-petitioners can apply without relying on the abuser for sponsorship. Holders of U status or T status can apply under INA 245(m) or 245(l) after meeting physical presence and other requirements.

These categories carry certain protections and unique evidence rules. Careful documentation helps avoid extra requests from the government.

Legal Entry and Status Exceptions

Most AOS applicants need a lawful entry, such as inspection and admission or parole, and must be admissible. Immediate relatives of U.S. citizens can often still adjust, even with a visa overstay, if they entered lawfully. INA 245(i) can permit AOS despite certain issues if a qualifying petition or labor certification was filed on or before April 30, 2001, and the applicant meets other 245(i) rules.

If there are past status gaps or entries without inspection, do not guess. A short legal review now can prevent long problems later.

Adjustment of Status Process: A Step-by-Step Guide

The process follows a predictable sequence, though timelines vary by field office and case type. Lay out your plan, then assemble strong evidence before you file.

1. Verify eligibility. Confirm your qualifying category and whether a visa number is available in the Visa Bulletin or USCIS filing charts.
2. Collect documents. Typical items include your passport biographic page, visa page, birth certificate, I-94 record, entry evidence, prior immigration notices, and civil records such as marriage or divorce papers.
3. File Form I-485. You can submit it with Form I-130 for family cases or Form I-140 for many employment cases if concurrent filing is allowed.
4. Attend biometrics. USCIS will take fingerprints, a photo, and a signature for background checks.
5. Interview at a USCIS field office. Bring originals of documents you filed, plus any updates and relationship or employment evidence.
6. Wait for a decision. If approved, you receive your Green Card. If denied, talk with counsel about a motion to reopen, an appeal, or other action in court if appropriate.

Keep copies of everything you file and every notice you get. That small habit solves problems more often than you think.

Forms and Documents for Adjustment of Status

Most adjustment of status packages include a core set of forms, plus supporting evidence that fits your category and history.

• Form I-485, Application to Register Permanent Residence or Adjust Status.
• Form I-864, Affidavit of Support, for most family-based cases and some employment cases.
• Form I-693, Report of Medical Examination and Vaccination Record, prepared by a USCIS-approved physician. USCIS now expects this to be submitted with Form I-485 under current form instructions.
• Form I-765, Application for Employment Authorization, optional but often helpful while the I-485 is pending.
• Form I-131, Application for Advance Parole, optional travel document. Do not leave the U.S. while the I-485 is pending unless you have advance parole or qualify for an exception.
• Form G-1145, E-Notification of Application Acceptance, for text or email receipt updates.

Supporting records vary. Marriage cases need bona fide relationship proof. Employment cases often include I-140 notices and job offer confirmations, and humanitarian cases follow category-specific rules in the statute and USCIS guidance.

Typical Challenges in the AOS Process

AOS is paperwork-heavy and files are reviewed closely. Small omissions can trigger big slowdowns, so aim for complete, well-labeled packets.

Requests for Evidence (RFEs)

RFEs are common where the medical exam is missing or outdated, financial sponsorship is weak, or proof of a family relationship is thin. You can reduce RFEs by including a current I-693, a strong I-864 with tax evidence, and relationship or job records that match your story. If you do get an RFE, answer by the deadline with exactly what was requested.

Think of an RFE as a second chance to close a gap. Clear, organized responses help officers finish your case.

Delays

Delays can come from background check issues, misplaced documents, field office workloads, or changes in staffing and priorities. Filing a complete package with consistent dates and names reduces rework. If a case stalls, case status tools and service inquiries can help, though some waits are outside your control.

Patience helps, and so does proactive follow-up at the right time.

Denials

Denials often stem from inadmissibility, misrepresentation, lack of eligibility, or public charge concerns. Some grounds can be waived with the right waiver filing, while others cannot. If a denial arrives, act quickly with a plan. Time windows for motions and appeals are short.

Do not refile blindly after a denial. Fix the root problem first.

Complications from Prior Immigration Issues

Old entries without inspection, past orders, or criminal matters can complicate AOS. Some people need waivers of inadmissibility or other strategies before filing. Getting a legal review early helps you spot risks and build the right record.

Honesty and documentation are your best tools. Guesswork is not.

AOS Compared to Consular Processing

Both AOS and consular processing lead to permanent residence. The better route for you depends on location, eligibility, timing, and risk tolerance. The table below shows the big picture.

Location

AOS occurs entirely within the U.S., which keeps families together during the process. Consular processing happens overseas, which can be smoother for applicants already outside the country.

Think about where you live now and the impact of travel on work and family life.

Travel Requirements

AOS generally avoids international trips. Consular processing requires travel and can involve security checks at the border on return.

If you need to stay local, AOS often fits better.

Interview Location

AOS interviews are held at USCIS field offices near you. Consular processing interviews happen at U.S. embassies or consulates abroad, each with its own procedures.

Local interviews can ease logistics for spouses and witnesses.

Ideal Candidates

AOS works well for people who entered lawfully and have a current visa number. Consular processing is the standard path for those living outside the U.S. or for cases with bars to adjust in the U.S.

Your past entries and status are the swing factors here.

Risks

AOS can face delays or status-based hurdles. Consular cases involve travel, and a refusal can complicate re-entry plans.

Map out the worst-case scenario before you choose.

Advantages

AOS avoids international travel and often lets you file for work and travel benefits while the case is pending. Consular processing can be simpler for applicants already abroad.

Both paths work. The right one is the one that fits your facts.

Considering Adjustment of Status? Connect with Us Today

Getting a Green Card through adjustment of status can change your life, and getting solid guidance early reduces stress and risk. Our team at N400 Harbor Immigration Law is committed to clear steps, timely filings, and strong evidence that fits your goals. If you want a grounded plan for your case, reach out and tell us what you need.

Call 786-891-1309 or visit our Contact Us page to schedule a consultation. We welcome your questions and work hard to help clients get results that last. Feel free to call us and let’s map a path that fits your story and your timeline.