Legal Definitions - adjustment of status

Adjustment of Status (AOS) is a legal procedure that allows certain individuals who are already present in the United States to apply for lawful permanent resident status, commonly known as a "Green Card." Instead of having to leave the U.S. to obtain an immigrant visa at a U.S. embassy or consulate abroad (a process referred to as consular processing), eligible individuals can complete their Green Card application entirely from within the country.

This process is administered by U.S. Citizenship and Immigration Services (USCIS). To qualify for Adjustment of Status, an individual must generally have been lawfully admitted into the U.S. and meet specific eligibility criteria based on their immigration category, such as being sponsored by a qualifying family member or an employer, or having been granted asylum.

Here are some examples illustrating how Adjustment of Status works:

• Example 1: Family-Based Petition

  Sofia, a citizen of Brazil, entered the United States on a student visa to pursue her master's degree. During her studies, she met and married Michael, a U.S. citizen. Because Sofia entered the U.S. legally and is now married to a U.S. citizen, she can apply for Adjustment of Status. This means she can submit her Green Card application to USCIS from within the U.S. without having to return to Brazil to complete the process at a U.S. consulate there.

• Example 2: Employment-Based Petition

  Dr. Chen, a highly skilled software engineer from Taiwan, has been working in the United States for several years on an O-1 temporary work visa for individuals with extraordinary ability. Her tech company employer decided to sponsor her for a Green Card due to her critical role and expertise. Since Dr. Chen is already legally residing and working in the U.S. on a valid non-immigrant visa, she is eligible to apply for Adjustment of Status. She can file her application with USCIS and attend any necessary interviews without leaving the country, transitioning directly from her O-1 status to a lawful permanent resident.

• Example 3: Asylum Grantee

  Fatima, who fled persecution in her home country, was granted asylum in the United States two years ago. Having been physically present in the U.S. for at least one year since her asylum grant, Fatima is now eligible to apply for lawful permanent resident status. She will use the Adjustment of Status process to submit her application to USCIS, allowing her to obtain her Green Card while continuing to live safely within the United States, rather than needing to travel abroad.