Guide to Applying for a U.S. Green Card (Adjustment of Status)
Last updated: November 2025 — This guide reflects the latest USCIS processing trends, form requirements, and eligibility rules for Adjustment of Status applicants.
Guide to Applying for a U.S. Green Card (Adjustment of Status)
By Immigration Attorney Svetlana Prizant
Applying for a U.S. Green Card can feel confusing and overwhelming, especially when you’re unsure which forms to file, what evidence to submit, or how long the process will take. The good news is that if you’re already inside the United States, you may qualify for Adjustment of Status, a path that allows you to obtain permanent residence without leaving the country.
This comprehensive guide explains who qualifies, how the process works, what documents you need, common mistakes to avoid, and answers to the most frequently asked questions from our clients.
1. What Is Adjustment of Status?
Adjustment of Status (AOS) is the process of applying for a Green Card from inside the United States. Instead of attending a U.S. embassy interview abroad, your case is handled by USCIS while you stay in the country.
You may qualify if:
- You entered the U.S. legally (with a visa or parole)
- You have an approved or pending I-130, I-140, I-360, or similar petition
- A visa number is available in your category
- You are admissible under U.S. immigration law
AOS is most common for marriage-based immigrants, but also applies to family-based, employment-based, and humanitarian cases.
2. Who Can Apply for a Green Card Through AOS?
✔️ Marriage to a U.S. Citizen
Fastest category, no wait time for a visa.
✔️ Marriage to a Green Card Holder (F2A Category)
You must wait until the Visa Bulletin shows your date is current.
✔️ Family-Based Applicants
Immediate relatives of U.S. citizens (spouses, parents, minor children) benefit from faster processing.
✔️ Employment-Based Applicants
Requires an approved Form I-140 and a current priority date.
✔️ Humanitarian Categories
- VAWA self-petitioners
- U-Visa and T-Visa holders
- Asylees and refugees
- Special Immigrant Juveniles
3. Step-by-Step: How Adjustment of Status Works
Step 1 — Submit the Immigrant Petition
Your case begins with:
- Form I-130 (family-based)
- Form I-140 (employment-based)
- Form I-360 (VAWA, religious workers, or other special immigrants)
Marriage to a U.S. citizen allows concurrent filing, meaning you can file the I-130 and I-485 at the same time.
Step 2 — File Form I-485 (Adjustment of Status) and Apply for Work & Travel Authorization
Most applicants file simultaneously for:
Step 4 — Attend Biometrics
USCIS collects fingerprints, signature, and photos. This happens 2–6 weeks after submitting your forms.
More on biometrics appointments
Step 5 — Respond to RFEs (if issued)
USCIS may request:
- Updated medical exam
- Marriage evidence
- Financial proof
- Criminal records
- Proof of lawful entry
Respond promptly to avoid delays. USCIS RFE guidance
Step 6 — Attend the Interview
Most applicants must attend an in-person interview at a local USCIS field office.
Marriage interview topics may include:
- How you met
- Your relationship timeline
- Household routines
- Joint bills, leases, accounts
- Photos and messages
Some applicants (VAWA, employment-based, asylees) may qualify for interview waivers.
Step 7 — Receive Your Green Card
Once approved, you will receive:
- 2-year conditional Green Card (if married less than 2 years), or
- 10-year permanent Green Card
4. Typical Adjustment of Status Timeline
- Work Permit / Travel Permit: 4–8 months
- Marriage-Based Green Card: 3–18 months
- Employment-Based: 8–14 months
- VAWA AOS: 36–42 months
- U-Visa Holders Adjusting: often 24–36 months
Processing time varies by USCIS office. USCIS processing times
5. Common Reasons for Denial
Avoid these issues:
- Missing or incorrect documents
- Insufficient marriage evidence
- Not proving lawful entry
- Immigration violations
- Inconsistencies during interview
- Medical exam errors
A strong, organized case significantly improves success.
6. Tips for a Successful Adjustment of Status Application
- Submit a complete and accurate packet
- Include strong evidence for marriage cases
- Keep copies of everything
- Submit updated tax returns & pay stubs
- Prepare well for the interview
- Hire an experienced immigration attorney
7. Why Work With Prizant Law
Attorney Svetlana Prizant has helped thousands of immigrants successfully obtain their Green Cards through family-based, employment-based, and VAWA-based Adjustment of Status.
We assist with:
- Complex marriage cases
- Waivers (I-601/I-601A)
- Visa overstays
- Criminal issues
- VAWA & humanitarian applications
- RFE and denial prevention
Your future deserves expert guidance.
Other Ways to Apply for a Green Card Through Adjustment of Status
While marriage to a U.S. citizen is the fastest and most common path, several other categories also qualify for Adjustment of Status:
VAWA Self-Petitioners
Eligible applicants who suffered abuse may adjust status through Form I-360 even if they overstayed a visa or worked without authorization.
U-Visa and T-Visa Holders
Victims of crimes or human trafficking may qualify for a Green Card after holding U or T status for the required period.
Employment-Based Adjustment of Status
Applicants with an approved I-140 petition may adjust status if a visa number is available in the Visa Bulletin.
Special Immigrant Juveniles (SIJ)
Qualifying juveniles may apply for a Green Card without leaving the United States.
Frequently Asked Questions (FAQ)
1. How long does a Green Card take through Adjustment of Status?
Most marriage-based applicants receive their Green Card in 3–18 months, depending on USCIS backlogs. USCIS processing times
2. Can I work while my Green Card is pending?
Yes. You can request a Work Permit (Form I-765) when submitting your I-485. Form I-765
3. Can I travel outside the U.S. during the process?
Only if you first receive Advance Parole (Form I-131). Leaving without it automatically cancels your I-485. Form I-131
4. Do I need a medical exam?
Yes. Applicants must submit Form I-693 from a USCIS-authorized civil surgeon. Form I-693
5. Can I apply for AOS if I entered illegally?
In most cases no, unless you qualify for:
6. Can I file the I-130 and I-485 at the same time?
Yes, if the petitioner is a U.S. citizen sponsoring a spouse, parent, or minor child. Form I-130
7. What if I get divorced while my AOS is pending?
This can affect eligibility. Immediate legal advice is required. Contact Prizant Law
8. What documents prove a bona fide marriage?
Joint leases, taxes, bank accounts, photos, insurance, bills, messages, and affidavits.
9. Will USCIS separate us during the interview?
Sometimes, if they suspect fraud. Known as a “Stokes interview.” Stokes interview info
10. Do I need a lawyer for Adjustment of Status?
Not legally required, but highly recommended due to denials, RFEs, and complex USCIS requirements. Schedule a consultation
