FAQs

Adjustment of Status to Permanent Resident

What is Adjustment of Status (AOS)?

AOS is a process by which an individual legally in the U.S. who has never violated the terms of their status in the U.S. at any time may apply to the CIS to make them a permanent resident (green card holder). This is the final step in the process to achieve permanent residence.

What are the requirements to file for AOS?

The individual must be in the U.S. and cannot have entered illegally or violated their status. They must be immediately eligible to receive a green card, unless he/she is eligible for a waiver, which means they must have an approved family petition (I-130) or employment-based petition (I-140) and, if they are from a country which has a quota backlog and thus a waiting list, their priority date must be current. You cannot file for AOS unless your priority date is reached. To view the priority dates for family-based and employment-based categories please access the visa bulletin.

Where do I file for AOS?
The individual and all family eligible dependents file their cases for employment-based categories by mail at the Nebraska Service Center or the Texas Service Center, depending on the individual's place of residence.  These cases are usually handled by mail, although a random sampling of cases are sent to the local offices for interview to assure quality control. Other cases sent for review may be those where a record check revealed something or where suspicion of fraud exists. Family-based petitions are currently filed at the National Benefits Center and then transferred to the local District or sub-office for an interview.

How long does it take to complete AOS?
This depends. The CIS, as part of the process, must obtain a clearance from the FBI, CIA, various government agencies and the embassy in the person’s home country that there is no criminal, immoral, subversive, or narcotic record, or that no prior fraud in obtaining a visa or benefit has occurred. These checks are beyond the CIS’ control. Once they are done, the CIS may then take action. Thus, processing times vary drastically, and there is little consistency. You can review processing times by visiting the USCIS website.

Can I be denied, and if so, why?
Yes, denial can occur if the underlying petition becomes void. For example if the family member who petitioned for you dies or the job upon which your case is based is lost or you quit or are fired, the case will and must be denied. If you have a criminal record, status violations, unlawful employment, or if you have every committed fraud in any immigration matter, you may be denied. In some cases, the lack of financial resources or serious medical problems can cause denial but these are rare. Additionally, in some cases you may be eligible for a waiver of fraud or certain criminal charges. If you believe any of these situations apply to you, please discuss your situation with an attorney.

Can my family go through AOS with me?
Yes, your dependents which, under immigration law include the spouse and unmarried children under 21 years of age may immigrate through AOS assuming they do not have any of the problems mentioned above. If the child turns 21 before the AOS is filed, that child may not immigrate with the rest of the family. Some children may still immigrate as dependents over 21 years of age if they qualify under the Child Status Protection Act (CSPA).The CSPA, signed into law on August 6, 2002, permits applicants for certain benefits to retain classification as a "child" even if he/she has reached the age of 21 and is unmarried. The process to determine whether an individual will benefit from CSPA is made on a case by case basis. Therefore it is very important that you notify your Attorney if you have any children close to the age 21.

What if I do have a problem in my background? Is my case hopeless?
Not necessarily. There are some waivers in the law but they are limited and cannot be discussed generally here. Make sure to fully disclose everything to your attorney so proper legal advice can be obtained and appropriate strategies considered. Sometimes the problem can be overcome by not seeking AOS but instead, processing the final stages through the American consulate in your home country. Sometimes AOS is the best way to proceed.

Can I travel while processing AOS?
Generally the answer is YES. If you are maintaining valid H or L status while your AOS is pending you may be eligible to travel in the H or L status with a valid H or L visa stamp.  As of November 1, 2007, the original AOS receipt notice is no longer required for individuals with a valid H or L visa stamp.  If you are not maintaining valid H or L nonimmigrant status you will need an advance parole document to travel.

Can I or my dependents get permission to work?
As part of the AOS application, employment authorization can be obtained for the principal applicant (if needed) as well as dependents. This is an EAD (Employment Authorization Document) valid for at least one year and renewable while AOS is pending. However, if the spouse or child is in valid dependent H or L status and works pursuant to an employment authorization document they will lose their H or L status and be an adjustment applicant.

When I am scheduled for a fingerprint appointment, what documents do I take with me?
On the day on which you have been scheduled to have your fingerprints taken, you need to bring with you to the CIS application Support Center (ASC) your original fingerprint appointment notice and government issued identification (valid passport, driver’s license or state photo identification card). If you do not bring photo identification, you will not be fingerprinted.

What if I cannot make the fingerprint appointment at the scheduled time and day?
If you cannot go to the ASC on the date and time of your scheduled appointment, you must submit a reschedule request to the CIS using the fingerprint notice you received from the CIS. You CANNOT call the ASC or the CIS 1-800 number to reschedule your appointment.

What if I miss my fingerprint appointment and forget to submit to reschedule?
Your AOS application and the AOS applications of your family members will be denied.

Can I reschedule to delay the process due to marriage?
NO. Do not file the AOS if you are not ready to proceed. Also, if a fingerprint appointment is rescheduled more than once CIS will require a good reason (marriage is not one of them) or the case will be denied.

After my fingerprints have been completed does that mean my AOS application will be approved soon?
The timing of your fingerprint appointment does not mean anything about the continued processing time for your AOS application. Fingerprints are only one step in the process and are not done at any particular time.

Can I check on the status of my or my family members fingerprints?
No. You cannot inquire about the fingerprint process.

Some individuals receive requests for evidence (RFE) for their AOS applications. Can I prepare documents to get ready for an RFE on my case?
RFE's are not issued for every AOS application and the RFE's do not always ask for the same information or documents. RFE's are issued on a case-by-case basis and we don't know what CIS wants until we receive the RFE.

The online system at CIS shows that my AOS application has been approved. When can I get my permanent residence (I-551) stamp from CIS?

CIS sends the original approval notices to us, which may take 2-4 weeks from the time the online system is updated. Once we receive the Approval Notice from CIS we will send it to you. You may take the original Approval Notice, your valid passport, with at least one blank page, and if applicable, your EAD card and Advance Parole, to the local CIS office to obtain the I-551 stamp as temporary evidence of your permanent residence. The actual "green card" should arrive in the mail shortly after the approval of the AOS application. If 90 days have passed since the approval notice has been received and you have not received your green card please contact our office.

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