Adjustment of Status (Form I-485)

Applying for a Green Card from Within the United States

Adjustment of Status (AOS) is the process that allows certain individuals who are already in the United States to apply for lawful permanent resident status (a Green Card) without leaving the country. The application is filed with U.S. Citizenship and Immigration Services (USCIS) using Form I-485.

Adjustment of Status is not available to everyone and is governed by strict statutory and procedural requirements.

What Is Adjustment of Status?

Adjustment of Status allows an eligible applicant to transition from a temporary or humanitarian status to permanent resident status while remaining in the United States.

Unlike consular processing, which requires attending an immigrant visa interview at a U.S. embassy or consulate abroad, Adjustment of Status is completed entirely through USCIS.

Approval of Form I-485 results in the applicant becoming a lawful permanent resident.

Who May Be Eligible to Adjust Status?

Eligibility depends on the immigration category, the applicant’s manner of entry, and compliance with U.S. immigration law.

Adjustment of Status is commonly available to individuals with:

• An approved or pending family-based immigrant petition
• An approved or pending employment-based immigrant petition
• Approved asylum or refugee status
• Certain humanitarian classifications, such as SIJ or VAWA
• Eligibility under specific statutory provisions

 

When Can Form I-485 Be Filed?

Form I-485 may be filed:

• Concurrently with the immigrant petition, if permitted by statute and visa availability; or
• After petition approval, once a visa number becomes available

For preference categories, visa availability is governed by the Department of State Visa Bulletin.

Filing before a visa is available generally results in rejection.

What Is Concurrent Filing?

Concurrent filing means submitting an immigrant petition (such as Form I-130, I-140, or I-360) at the same time as Form I-485, or while the petition is still pending, instead of waiting for petition approval first.

This option is available only when an immigrant visa number is immediately available, such as for:

• Immediate relatives of U.S. citizens
• Most employment-based applicants and their eligible family members
• Certain special immigrant categories when the Visa Bulletin allows such as SIJ and battered spouse

Concurrent filing allows USCIS to process the petition and the green card application together, which may reduce overall processing time. If the underlying petition is denied, the I-485 will also be denied.

Note: Concurrent filing applies only to applicants adjusting status from within the United States and is not available in consular processing cases.

What Does USCIS Review?

USCIS reviews Adjustment of Status applications for:

• Eligibility under the specific immigrant category
• Lawful entry or parole (or applicable exemption)
• Maintenance of status, where required
• Admissibility, including criminal, immigration, and security grounds
• Public charge considerations, where applicable

USCIS may issue Requests for Evidence (RFEs), schedule a biometrics appointment, and require an in-person interview.

Approval is discretionary where the statute allows discretion.

Employment Authorization and Travel While I-485 Is Pending

Applicants may generally request:

• Employment Authorization (Form I-765) to work in the U.S. while the case is pending
• Advance Parole (Form I-131) to travel internationally during the pendency of the application

Employment authorization and advance parole are not automatic and must be separately approved.

Departing the U.S. without valid advance parole may result in abandonment of the I-485, unless a narrow exception applies.

Outcomes and Limitations

If approved:

• The applicant becomes a lawful permanent resident
• A Green Card is issued

If denied:

• The applicant may fall out of lawful status
• Removal proceedings may be initiated, depending on circumstances

 

How Can We Help?

Adjustment of Status cases are fact-specific and procedurally complex. Errors in eligibility analysis, timing, or documentation may result in delays or denial.

At the Law Offices of Metin Serbest, we assist clients by:

• Evaluating eligibility for Adjustment of Status under the correct immigrant category
• Advising on visa availability and filing strategy
• Preparing and filing Forms I-485 and related applications
• Assessing admissibility issues and potential waiver needs
• Preparing clients for USCIS interviews
• Monitoring case progress and responding to RFEs

Each matter is reviewed individually, with attention to statutory requirements, USCIS policy, and procedural risk.

Schedule a Consultation

Contact the Law Offices of Metin Serbest to discuss whether Adjustment of Status is available in your case and to receive legal guidance on proper filing and case strategy.