Introduction
Many individuals applying for Adjustment of Status (AOS) are worried that they are not meeting the criteria required to apply for AOS in the United States. In this article you will learn:
- The eligibility for AOS
- The process of application
- The latest policy changes that will affect your application for AOS and therefore Green Card
Find out what it takes to get your Green Card.
Define Adjustment of Status: Understanding the Process
If you are trying to get a Green Card while you are living in the United States then you first need to establish your immigration status. If you entered the U.S. on a visa then you are a temporary resident and you will go through the Adjustment of Status (AOS) process for getting your Green Card. You will fill out the Form I-485 and compile all the supporting documentation and file it with USCIS for processing. Your AOS processing will take place while you reside in the U.S. and you will become a permanent resident as a Lawful Permanent Resident (green card holder) without ever having to leave the country for processing for an immigrant visa which could subject you to abandonment of your status while outside the U.S.
Applying for the Adjustment of Status to that of a Lawful Permanent Resident (Green Card holder) while in the US is a process of great privilege and therefore applicants must explain to USCIS why they deserve to have their case approved. Many temporary visa holders are forced to choose between abandoning their life in the US to travel abroad to complete processing of their immigrant visa application or to complete the Adjustment of Status application while residing in the US. We are able to assist you through this process with the utmost care and can use past experience handling similar cases to give you the best advice.
Although the AOS process is available for temporary residents, who can seek Permanent Residence while they reside in the U.S. as an applicant’s situation will have to explain why they are deserving of consideration for approval of their Green Card application. Abandoning a life already established here and processing an immigrant visa application while abroad may not be as easy for some temporary residents, and assistance in navigating the process of AOS, here in the U.S. can be provided by us on an ongoing basis. As we have handled many prior similar applications with care, and note that considerable advance planning, and proper legal representation are essential to AOS’s completion and to its being completed as successfully as possible.
Eligibility Criteria for Adjustment of Status: Who Can Apply?
Green Card holders who are currently living in the United States are eligible to apply for Adjustment of Status (AOS) to United States citizenship provided they are physically present in the United States or outside of the US for temporary travel, and provided that the immigrant entered the US legally either through port of entry inspection, or through parole into the US. It is also important to note that an immigrant visa must be available for the immigrant’s category of immigration application, whether the application is for family-based immigration or for employment-based immigration. Because there are always immigrant visas available for the immediate relatives of US citizens (the parents of a US citizen for example), individuals in this situation are eligible to apply for AOS and apply for US citizenship through AOS. Although there are numerous grounds of inadmissibility to the United States that could cause an individual who otherwise meets the above eligibility requirements for AOS to be found ineligible for approval of an AOS application, these grounds of inadmissibility primarily relate to criminal conduct on the part of the immigrant and/or previous immigration violations on the part of the immigrant.
At Vasquez Law Firm, we help our clients through the entire Adjustment of Status (AOS) process. We will walk our clients and their families through the entire application process every step of the way. We will sit down with you and go over your specific situation during your free consultation with an experienced immigration attorney. We are the best in client service and will fight for you and your rights. Contact us today to schedule your free consultation.
Even though the new policy does not change quién es elegible para un ajuste de estatus, the new standards for cases filed prior to its implementation will be implemented. The processing of AOS, as a matter of discretion and administrative grace, will require applicants to present strong positive equities, for example long period of time residing in the U.S. or other significant and meritorious contributions to society. Our Attorneys can help their clients to present strong cases to the approval of their adjustment of status application.
Judicial challenges can be anticipated to be brought regarding cases processed after the policy was put into effect. It seems that new standards will be retroactively applied during the application process and thus questions will arise regarding the due process procedural rights of applicants. When deportation, immigration raids, or other kinds of an immediate crisis in your immigration case occur, do not go through it alone. Vasquez Law Firm’s professionals shall fight your immigration case 24/7/365. Remember that you have the right to be silent and seek help of an attorney whenever you so choose. Contact Vasquez Law Firm right away to schedule a free consultation with experienced immigration lawyers.
Impact of Recent Policy Changes on Adjustment of Status Applications
Changes introduced by USCIS to processing family members of a lawful Permanent Resident has made the typical adjustment of status process extremely difficult for many families going through the process. Attempting to prove eligibility for adjustment of status has always been a very challenging process but USCIS has made a recent stance of practice that typically most nonimmigrants must return to their home country and apply for the Green Card from there, only allowing for exceptions to remain in the U.S. while waiting for the Green Card to processing to be complete. Navigating through this process can be very difficult.
Our law firm can help guide you through the process. We work on a contingency basis for personal injury cases meaning we do not charge any fees unless we obtain a settlement or award for you. We also attempt to set up a fair and reasonable payment plan for other work done for clients.
Our focus at the Vasquez Law Firm is client focused. Our clients have direct communication with the attorneys handling their cases. Let us meet with you to discuss your specific situation in a free consultation to see how we can help. We can assist you with processing through the changed processing introduced by USCIS for family members of lawful Permanent Residents.
Steps to Apply for Adjustment of Status: A Practical Guide
The AOS (Adjustment of Status) Process can be very confusing and overwhelming. First, who is eligible for an adjustment of status? Then are there any immigrant petitions filed on your behalf already? Lastly, what needs to be done in order to complete and mail out the application package for Form I-485 and its required supporting documents? Our experts at USG Law can assist you with all these needs. We have a skilled attorney who specializes in immigration and can answer any questions regarding your very own individual case.
To answer any additional questions that you may have and to guide you through the process of seeking an adjustment of status to a lawful permanent resident, we invite you to sign up for a free legal consult with an experienced immigration attorney and skilled AOS lawyer.
After submitting your application and it has been received by USCIS, you and your family and representatives will be well prepared for the interview by the preparation done prior to its time. We will prepare you as to what to expect, answer any questions that you may have, and answer any other questions that the officer may ask you. Also, we will discuss what was a good and bad answer as to any question that was asked by the officer in order to help obtain approval of your application.
As AOS is now classified as “extraordinary discretionary relief” given the recent policy changes, it is normal to have an increased sense of concern about whether one’s application will receive approval. We are here to guide you through this process so that, in the end, you can receive your Green Cards and continue on your path to achieving your goals and aspirations.
Conclusion
Do you need help with Adjustment of Status (AOS) Process? Qualifying requirements for AOS and an efficient process of how to apply for AOS are key to finding the best way to apply for AOS. Many individuals are unaware of the specific eligibility requirements for AOS including how an individual entered the U.S. as well as whether there are any immigrant visas available. Community involvement as well as justification for approval of an AOS application under the new standards by USCIS.
Getting a Green Card through the Adjustment of Status (AOS) process can be an extremely complex process and it is always best to have the best immigration lawyers by your side every step of the way. At Vasquez Law Firm, we work with our clients to come up with payment options to fit their budget. We even offer FREE initial consultations, translations for our Spanish speaking clients and so much more. Let us help you become a lawful permanent resident today!
Frequently Asked Questions
What is Adjustment of Status (AOS)?
Adjustment of Status (AOS) is the process that allows individuals living in the United States on a temporary visa to apply for a Green Card, enabling them to become Lawful Permanent Residents without leaving the country.
What form do I need to fill out for AOS?
To apply for Adjustment of Status, you need to fill out Form I-485 and compile all necessary supporting documentation to file with USCIS for processing.
Can I remain in the U.S. while my AOS application is processed?
Yes, your AOS processing will take place while you reside in the U.S., allowing you to become a permanent resident without having to leave the country.
Why is it important to explain my situation to USCIS during the AOS process?
Applicants must explain to USCIS why they deserve to have their case approved, as AOS is a privilege and not a right. This explanation is crucial for the approval of your Green Card application.
What challenges might temporary residents face when applying for AOS?
Many temporary residents may struggle with the decision to abandon their established life in the U.S. to process an immigrant visa application abroad, making AOS a preferable option for them.
How can Vasquez Law Firm assist with the AOS process?
Vasquez Law Firm can provide ongoing assistance throughout the AOS process, leveraging past experience to offer the best advice and ensuring proper legal representation for successful completion.
What is the significance of advance planning in the AOS process?
Considerable advance planning and proper legal representation are essential for the successful completion of the AOS process, helping to navigate potential challenges effectively.
List of Sources
- Define Adjustment of Status: Understanding the Process
- USCIS Issues New Policy Guidance on Adjustment of Status Applications (https://oiss.yale.edu/news/uscis-issues-new-policy-guidance-on-adjustment-of-status-applications)
- USCIS Redefines Adjustment of Status as Discretionary Relief (https://clarkhill.com/news-events/news/uscis-adjustment-status-discretionary-policy-2026)
- New USCIS Memo May Force More Green Card Applicants to Apply from Abroad, Causing Chaos and Confusion - American Immigration Council (https://americanimmigrationcouncil.org/blog/green-card-news-uscis-memo)
- Green Card Adjustment of Status FAQ: Understanding the Latest USCIS Guidance (https://envoyglobal.com/insight/green-card-adjustment-of-status-faq-understanding-latest-uscis-guidance)
- Featured Issue: New Policy on Adjustment of Status as Act of Extraordinary Discretion (https://aila.org/library/featured-issue-new-policy-on-adjustment-of-status-as-act-of-extraordinary-discretion)
- Eligibility Criteria for Adjustment of Status: Who Can Apply?
- USCIS Issues New Policy Guidance on Adjustment of Status Applications (https://oiss.yale.edu/news/uscis-issues-new-policy-guidance-on-adjustment-of-status-applications)
- Is Adjustment of Status Still a Viable Green Card Path? (US) (https://employmentlawworldview.com/is-adjustment-of-status-still-a-viable-green-card-path-us)
- USCIS Redefines Adjustment of Status as Discretionary Relief (https://clarkhill.com/news-events/news/uscis-adjustment-status-discretionary-policy-2026)
- Top 5 Things to Know about the New USCIS Adjustment of Status Policy (https://quarles.com/newsroom/publications/top-5-things-to-know-about-the-new-uscis-adjustment-of-status-policy)
- USCIS Elevates Discretion in Adjustment of Status Adjudications. Clarifications Follow, but Uncertainty Remains (https://hunton.com/business-immigration-insights/uscis-elevates-discretion-in-adjustment-of-status-adjudications-clarifications-follow-but-uncertainty-remains)
- Impact of Recent Policy Changes on Adjustment of Status Applications
- New USCIS Memo May Force More Green Card Applicants to Apply from Abroad, Causing Chaos and Confusion - American Immigration Council (https://americanimmigrationcouncil.org/blog/green-card-news-uscis-memo)
- U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances | USCIS (https://uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary)
- New USCIS Policy on Adjustment of Status Applications - Varnum LLP (https://varnumlaw.com/insights/new-uscis-policy-on-adjustment-of-status-applications)
- May 22, 2026 USCIS Issues New Policy Guidance On Adjustment Of Status (Form I-485) (https://oiss.yale.edu/may-22-2026-uscis-issues-new-policy-guidance-on-adjustment-of-status-form-i-485)
- Steps to Apply for Adjustment of Status: A Practical Guide
- Top 5 Things to Know about the New USCIS Adjustment of Status Policy (https://quarles.com/newsroom/publications/top-5-things-to-know-about-the-new-uscis-adjustment-of-status-policy)
- May 22, 2026 USCIS Issues New Policy Guidance On Adjustment Of Status (Form I-485) (https://oiss.yale.edu/may-22-2026-uscis-issues-new-policy-guidance-on-adjustment-of-status-form-i-485)
- USCIS Redefines Adjustment of Status as Discretionary Relief (https://clarkhill.com/news-events/news/uscis-adjustment-status-discretionary-policy-2026)
- Is Adjustment of Status Still a Viable Green Card Path? (US) (https://employmentlawworldview.com/is-adjustment-of-status-still-a-viable-green-card-path-us)
- May 2026 Adjustment of Status Policy Updates: What You Need to Know | Ahlgren Law (https://ahlgrenlaw.com/2026/06/may-2026-adjustment-of-status-policy-updates-what-you-need-to-know)
