Adjustment of Status

At Thompson Law Advocates, led by attorney Peter Thompson, we help individuals and families navigate the complex path to lawful permanent residency in the United States. Adjustment of Status (AOS) is a crucial legal mechanism under U.S. immigration law that allows eligible noncitizens already in the United States to obtain a green card without needing to leave the country.

With over 25 years of legal experience, including extensive federal criminal defense and immigration litigation, Peter Thompson and his team bring a deep understanding of the U.S. immigration system and the Immigration and Nationality Act (INA), enabling us to help clients through every phase of their AOS journey.

What is Adjustment of Status?

Adjustment of Status is the process through which an eligible individual applies to become a lawful permanent resident (LPR) of the United States from within the country. This option contrasts with “consular processing,” which requires applicants to complete the process through a U.S. embassy or consulate abroad.

The legal foundation for AOS is found in Section 245 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1255. The statute outlines the qualifications, procedural rules, and restrictions associated with AOS, and allows certain noncitizens physically present in the U.S. to apply for permanent residence without having to depart.

Key Eligibility Requirements Under INA § 245(a)

To be eligible to adjust status, an applicant must generally meet the following requirements:

1. Lawful Admission or Parole
   The applicant must have been inspected and either admitted or paroled into the U.S. This requirement is foundational under 8 U.S.C. § 1255(a). For example, individuals who entered on a valid visa or were granted humanitarian parole may qualify.
   
2. Visa Availability
   The applicant must have an immigrant visa number available at the time of filing. For preference-based categories, this is determined by the U.S. Department of State’s monthly Visa Bulletin. Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) generally have visas immediately available.
   
3. Eligibility to Receive an Immigrant Visa
   The applicant must be the beneficiary of an approved immigrant petition (e.g., Form I-130 for family-based immigration or Form I-140 for employment-based immigration).
   
4. Admissibility to the United States
   Applicants must not be inadmissible under the grounds outlined in INA § 212(a). These include issues like criminal convictions, immigration fraud, health-related concerns, and security grounds.

Bars to Adjustment of Status Under INA § 245(c)

Not every applicant present in the U.S. is eligible to adjust status. There are several statutory bars under 8 U.S.C. § 1255(c) that can disqualify an individual. These include:

• Entering the U.S. unlawfully (without inspection)
• Engaging in unauthorized employment
• Failing to maintain lawful status (with exceptions)
• Being admitted in certain nonimmigrant categories (e.g., C or D visas)
• Being a crew member (D visa holder) or a J-1 exchange visitor without a waiver of the two-year foreign residence requirement

However, some individuals, such as immediate relatives of U.S. citizens and VAWA self-petitioners, may be exempt from certain bars. The nuances in this area are critical. We frequently advise clients with complicated histories — including prior overstays or unauthorized work — on whether they may still qualify for AOS.

The AOS Application Process: Step-by-Step

The Adjustment of Status process involves multiple steps and forms, each of which must be carefully prepared:

1. Submit the Underlying Immigrant Petition
   For family-based applicants, the process typically starts with filing Form I-130, Petition for Alien Relative. Employment-based applicants generally rely on Form I-140. Some categories, like asylees or certain special immigrants, may proceed directly to Form I-485.
   
2. File Form I-485: Application to Register Permanent Residence or Adjust Status
   This form is the core of the AOS process. It must be accompanied by supporting documentation, including:
   
   • Proof of lawful entry
   • Medical exam results (Form I-693)
   • Affidavit of support (Form I-864) for most family-based applicants
   • Proof of relationship to the petitioner
     
3. Apply for Work Authorization and Travel Documents
   While Form I-485 is pending, applicants may file Form I-765 (Employment Authorization) and Form I-131 (Advance Parole). These allow the applicant to work lawfully and travel abroad while the application is pending.
   
4. Attend the Biometrics Appointment
   Applicants must attend a USCIS Application Support Center to provide fingerprints, photographs, and a signature. This enables background and security checks.
   
5. USCIS Interview
   Most applicants are required to appear for an in-person interview at a USCIS field office. The officer may ask questions about the applicant’s immigration history, background, and relationship with the petitioner (if applicable).
   
6. Receive a Decision
   If approved, the applicant becomes a lawful permanent resident and receives a green card by mail. If denied, USCIS will issue a written explanation, and the applicant may have options for appeal or motion.

Additional Categories and Special Considerations

Adjustment of Status is available to a variety of applicants, including:

• Immediate relatives of U.S. citizens
• Employment-based applicants with approved labor certifications
• Refugees or asylees (after 1 year in status)
• Diversity visa lottery winners
• Special immigrant juveniles, religious workers, and Afghan/Iraqi translators

We also help clients navigate complex AOS situations, such as:

• Individuals with prior removal orders
• Applicants in removal proceedings seeking AOS before the immigration court
• Those seeking waivers of inadmissibility under INA § 212(h), § 212(i), or § 212(k)

In many such cases, our experience in both federal immigration litigation and defense is critical in analyzing potential risks and preparing strong applications or motions for relief.

What If My AOS Is Denied?

A denial of Form I-485 is not necessarily the end of the road. Depending on the basis of the denial, applicants may:

• File a Motion to Reopen or Reconsider (Form I-290B)
• Re-file the application, correcting the deficiency
• Pursue adjustment in removal proceedings, if referred to immigration court
• Appeal to the Administrative Appeals Office (AAO), if applicable

Our team can evaluate your options and guide you through the next steps, including whether you are eligible for prosecutorial discretion, waivers, or renewed applications in immigration court.

Why Choose Thompson Law Advocates?

Our firm takes a careful, hands-on approach to every Adjustment of Status case. Peter Thompson has a long track record of defending immigrants in federal and removal proceedings and advising clients on the consequences of criminal charges under immigration law — including serving as Director of the Defender’s Immigration Project and consulting in the U.S. Supreme Court case Padilla v. Kentucky.

We bring this depth of experience to each AOS case, ensuring that our clients understand their eligibility, risks, and rights at every stage.

Our services include:

• Full review of immigration history and admissibility
• Analysis of potential waivers and legal remedies
• Thorough preparation of all USCIS forms and supporting documentation
• Legal brief writing in complex cases
• Representation at USCIS interviews and in immigration court

Begin Your Adjustment of Status Journey Today

Adjustment of Status can be a life-changing opportunity — but one that must be approached with thorough legal preparation and a clear understanding of the law. Whether you are applying through a U.S. citizen spouse, employer sponsorship, or another category, Thompson Law Advocates is ready to help you take the next step toward permanent residency.