How to Adjust Your Status if You Are Already in the U.S.

For many immigrants, the United States represents opportunity, stability, and the promise of a brighter future. If you are already living in the U.S. and hope to remain here permanently, you may be able to do so without leaving the country through a process known as Adjustment of Status.

Adjustment of Status allows eligible non-citizens to apply for a Green Card from inside the United States, without having to return to their home country for visa processing. While this pathway is convenient and often less stressful, it includes strict eligibility requirements and a detailed application process.

What Is an Adjustment of Status?

Adjustment of Status (AOS) is the legal process that allows qualifying individuals already in the U.S. to transition from a temporary immigration status to lawful permanent residency (Green Card holder). This process is handled by U.S. Citizenship and Immigration Services (USCIS) and is available to individuals who qualify through family, employment, humanitarian programs, or other special categories.

Who May Apply for Adjustment of Status?

You may be eligible to adjust your status in the United States if you fall into one of the following categories:

1. Family-Based Eligibility

You may qualify if you are an immediate relative of a U.S. citizen, such as:

• A spouse
• An unmarried child under 21
• A parent of a U.S. citizen who is at least 21

Certain other family preference categories may also qualify when a visa number becomes available.

2. Employment-Based Eligibility

You may qualify if:

• You have an approved employment-based immigrant petition (Form I-140)
• A visa number is available in your category

3. Humanitarian Programs

Adjustment of Status may be available for individuals under programs such as:

• Refugee or asylee status
• VAWA self-petitioners (victims of domestic violence)
• U or T visa holders (victims of crimes or trafficking)

4. Diversity Visa (Green Card Lottery) Winners

Lottery winners who are already lawfully in the U.S. may apply if their visa number is current.

Who Is NOT Eligible for Adjustment of Status?

You may not qualify if you:

• Entered the U.S. without inspection (unless covered by specific exceptions such as INA 245(i))
• Overstayed your visa or violated its terms (unless you are an immediate relative of a U.S. citizen)
• Are currently in removal (deportation) proceedings without special eligibility
• Have certain criminal convictions
• Are inadmissible under immigration law without a waiver

Before applying, it is crucial to confirm eligibility with an immigration attorney, as mistakes can lead to denials or even removal proceedings.

How to Adjust Your Status in the U.S.

Here is the step-by-step process:

1. Confirm Your Eligibility

Verify that you qualify under one of the family, employment, humanitarian, or lottery categories and that a visa number is available.

2. Submit the Required Forms

The main application form is:

• Form I-485, Application to Register Permanent Residence or Adjust Status

Depending on your case, you may need to file additional forms, such as:

• Form I-130 (family petition) or Form I-140 (employment petition)
• Form I-864, Affidavit of Support
• Form I-693, Medical Examination Report
• Form I-765, Work Authorization
• Form I-131, Advance Parole (travel permit)

3. Attend Biometrics Appointment

USCIS will collect your fingerprints, photo, and signature for background checks.

4. Attend the USCIS Interview

A USCIS officer will review your documents, confirm your eligibility, and ask questions about your background and application.

5. Receive a Decision

If approved, you will receive your Green Card by mail.
If denied, USCIS will provide an explanation and any available next steps.

Documents You May Need

Common documents include:

• Passport and valid visa
• I-94 Arrival/Departure Record
• Birth certificate
• Proof of lawful entry
• Marriage certificate (if applicable)
• Medical exam results (sealed by the doctor)
• Financial documents (tax returns, pay stubs, bank statements)

Common Mistakes to Avoid

Many Adjustment of Status cases are delayed or denied due to avoidable errors. Be careful to avoid:

• Filing without confirming eligibility
• Submitting incomplete or inconsistent documents
• Traveling outside the U.S. without approved Advance Parole
• Missing a biometrics or interview appointment
• Failing to respond to USCIS Requests for Evidence (RFEs)

Final Thoughts on How to Adjust Your Status if You Are Already in the U.S.

Adjustment of Status is one of the most effective ways to become a lawful permanent resident while remaining in the United States. However, the process requires careful preparation, accurate documentation, and a solid understanding of immigration law.

At Mokolo Law Firm, we help clients determine eligibility, prepare strong applications, avoid common pitfalls, and navigate complex immigration histories. If you are considering applying for Adjustment of Status or are unsure whether you qualify, our experienced immigration team is ready to guide you every step of the way.

Contact Mokolo Law Firm today to schedule a consultation and take the next step toward securing your future in the United States.