Adjustment of Status (AOS)

Already living in the U.S. on a temporary visa? File Form I-485 with USCIS and become a lawful permanent resident, without leaving the country.

Stay in the U.S. While Your Green Card is Processed

Adjustment of status lets you apply for a green card while you are still living in the United States. Instead of leaving the country to go through a U.S. consulate, you file your application with USCIS and wait for a decision here at home. This is called adjusting your status, and the main form involved is Form I-485.

This path has historically allowed eligible individuals inside the U.S. to apply for a green card without leaving. However, as of May 22, 2026, USCIS has issued a new policy memo significantly restricting this option. AOS will now only be granted in extraordinary circumstances, and most applicants may be required to pursue consular processing abroad instead. If you have a pending or planned AOS case, contact Justin immediately to understand how this affects you.

Policy Update May 22, 2026

USCIS has significantly restricted Adjustment of Status. This may affect your case.

On May 22, 2026, USCIS issued a policy memo directing officers to deny most Adjustment of Status (I-485) applications filed inside the U.S. Most applicants will now be required to complete the green card process through consular processing abroad. This is a major shift from decades of standard practice.

AOS inside the U.S. will now only be granted in “extraordinary circumstances,” a term USCIS has not yet defined.
Most nonimmigrant visa holders including F-1 students, H-1B workers, and family-based applicants are affected.
Pending I-485 applications are in a gray area. Do not withdraw your application without speaking to an attorney first.
Do not leave the U.S. based on this update alone without getting legal advice, as departure may harm your case.
Legal challenges to this memo are expected. The situation is still developing.

If you have a pending or planned AOS application, contact Justin as soon as possible to understand how this affects your specific case.

Who Can Apply for Adjustment of Status

Adjustment of status is available to people in several situations. You may qualify if you are:

A spouse, unmarried child under 21, or parent of a U.S. citizen
An adult child or sibling of a U.S. citizen under a preference category
A spouse or unmarried child of a lawful permanent resident
An employee with an approved Form I-140 from your employer
A K-1 fiancé(e) visa holder who has married a U.S. citizen within 90 days of entry
A person granted asylum or refugee status
A VAWA self-petitioner (a survivor of abuse by a U.S. citizen or permanent resident family member)

Important Note: This is not a complete list. Some visa holders are barred from adjusting status depending on how they entered the country. If you entered without inspection or overstayed a visa, there may still be options, but the analysis is more complex. Justin reviews your full history before any filing to confirm you are on the right path.

The AOS Process: Step by Step

Every case is different, but the general process follows these steps:

1

Confirm Eligibility

Justin reviews your complete immigration history, visa status, and visa number availability before filing any official paperwork.

2

File Underlying Petition

A family member files Form I-130, or an employer files Form I-140 on your behalf.

3

Submit Form I-485

This central application asks USCIS to officially change your current visa status to lawful permanent resident.

4

File Concurrent Applications

You can request temporary work permits and travel authorization while waiting for final green card approval.

5

Complete Biometrics Appointment

You will attend a local federal appointment so officials can take your fingerprints for background checks.

6

Attend Interview and Decision

Justin prepares you for the intense officer interview before USCIS issues their final green card determination.

What Can Go Wrong

AOS applications involve strict deadlines and many documents. Filing without addressing complications first can do more harm than good.

Missing or Incorrect Forms

A missing document or incorrect form can trigger an RFE, adding months to your case and costing you non-refundable fees.

Unlawful Presence Issues

A period of unlawful presence does not always bar AOS, but it must be carefully reviewed and addressed before filing.

Prior Removal Orders

A prior removal or deportation order creates serious barriers. Justin identifies these issues early to avoid making your situation worse.

Prior Criminal History

Certain offenses must be disclosed and can affect eligibility. Gaps in your immigration history can also raise red flags with USCIS.

Important Note: As of May 22, 2026, USCIS policy now treats AOS as an extraordinary form of relief rather than a standard pathway. Filing an I-485 without addressing this new policy could result in a denial

AOS for Marriage-Based Cases

If you are married to a U.S. citizen or permanent resident, adjustment of status is often the most practical route to a green card. You file your I-485 alongside a joint petition, proof of a genuine marriage, and an Affidavit of Support (Form I-864) from your spouse.

USCIS will schedule a marriage-based AOS interview where both spouses are usually asked to attend. The officer may ask questions about your relationship to confirm it is genuine. Justin prepares both you and your spouse for this interview so you know what to expect and how to present your case clearly.

Your Attorney

Justin Kadich

At American Dream Immigration, you work directly with Justin Kadich from start to finish. You are not passed to a paralegal or an assistant. Justin handles your case personally, answers your questions, and is the one who prepares and reviews your filing. This matters in AOS cases because small details can have a big impact. Justin reviews every document before it goes to USCIS, flags anything that could cause a delay, and keeps you updated at each stage. Processing times vary depending on your USCIS field office and application type. Justin gives you a realistic picture of your timeline from the start so there are no surprises.

Frequently Asked Questions

How long does adjustment of status take?

Processing times vary by USCIS field office and case type. Immediate relative cases for spouses of U.S. citizens are generally faster than preference category cases. As of 2025, many AOS cases took between 8 and 24 months. Given the May 22, 2026 policy change, timelines and procedures are in flux. Justin will give you a current, honest estimate based on your specific situation at your consultation.

Can I work while my AOS case is pending?

Yes, if you file Form I-765 (Employment Authorization Document) at the same time as your I-485. Once your EAD is approved, you can work for any employer in the U.S. while you wait for your green card. If you have a pending case, do not stop working based on the May 22 policy update alone. Speak with Justin first.

Can I travel outside the U.S. while my AOS is pending?

You can travel if you have an approved Advance Parole document (Form I-131). Leaving the U.S. without Advance Parole while your I-485 is pending can result in your application being considered abandoned. Given the current policy uncertainty, do not travel internationally until you have spoken with Justin directly.

What if I entered the U.S. without inspection?

Entering without inspection (EWI) generally disqualifies someone from adjusting status inside the U.S. There are limited exceptions, including for immediate relatives of U.S. citizens who qualify under INA 245(i). This is a complex area of law and you should not assume you are ineligible without getting a proper legal review first.

What is the difference between adjustment of status and consular processing?

As of May 22, 2026, this distinction matters more than ever. USCIS has issued a new policy memo stating that most applicants must now pursue consular processing at a U.S. embassy or consulate abroad, rather than filing Form I-485 inside the U.S. AOS will only be granted in extraordinary circumstances, a term USCIS has not yet defined. Pending I-485 cases are in a gray area.

Does the May 22 USCIS policy change affect pending I-485 applications?

It is not yet clear how USCIS will apply this memo to cases already pending. Do not withdraw your application, stop working on an approved EAD, or travel internationally without first consulting an immigration attorney. Justin is actively tracking this guidance as it develops and can advise you based on your specific situation.

Start With a Consultation

The AOS process is detailed and each application is specific to the person filing it. A filing that works for one person may not work for another. Getting the right legal review before you file is the best way to avoid delays and mistakes that are hard to undo. This is especially true right now. The May 22, 2026 USCIS policy change has created real uncertainty for anyone with a pending or planned AOS application. Getting a legal review before taking any action, including travel, withdrawing an application, or filing, is critical. Book a consultation with Justin to go over your current status, your eligibility, and what the process will look like for your case. Every consultation is handled directly by Justin, and you will leave with a clear picture of your next steps.