Family Based Adjustment of Status (I-485)


Adjustment of Status (AOS) is the process of changing status from nonimmigrant status (e.g., student, tourist, work visa, etc.) to permanent residence (a.k.a. green card holder) while the beneficiary is physically present in the United States. This means that the individual may not have to return to home country to complete the visa processing and may be able to obtain Green Card while being physically present in the U.S. AOS is one of two paths available to an individual to obtain Green Card. If an individual is not eligible for AOS, then he or she must use Consular Processing (CP). For an individual present in the U.S. both AOS and CP may be available options to obtain a Green Card.

Procedure & Requirement

To be eligible to file Application for Adjustment of Status the intended immigrant should generally meet the following criteria:

  • Be physically present inside the U.S.
  • Have entered the U.S. lawfully.
  • Have an immigrant visa available to him or her.

Related Issues

  • For an individual present in the U.S. both AOS and CP may be available options to obtain a Green Card.
  • are not eligible to file AOS if you entered the U.S. as a crewman, in transit without a visa (“TWOV”), or under a Visa Waiver Program (VWP) though there are certain exceptions for entry on VWP.
  • Holder of T or U visas do not have to fulfil the requirement to have entered the U.S. lawfully because the grant of T or U status constitutes a “lawful admission” by itself.
  • Those entering U.S. on a K-1 fiancée visa, must marry the petitioner within 90 days to file AOS.

Meet Attorney Asheesh Sharma – Your Trusted Advisor

Attorney Asheesh Sharma, with 22+ years of professional experience in U.S. immigration law, is a familiar figure both in Australia and the U.S. His frequent visits to Australia and family ties across the country enhance his understanding of the unique needs of Australian clients. His personal experience with the U.S. Consulates in Australia, first as an applicant and then representing clients, brings invaluable insights and empathy to your case.

Atlanta Employment Immigration Lawyer Asheesh Sharma
American Immigration Lawyers Association
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