Adjustment of Status

Adjustment of Status (AOS) is a process that allows certain people who are already physically in the United States to apply for lawful permanent residency (a Green Card) without leaving the country for consular processing. Instead of completing the final stage of the immigrant visa process at a U.S. consulate abroad, eligible applicants can file an application package with USCIS and complete the process from within the U.S. AOS is often the least disruptive option for families because it can allow applicants to remain with loved ones while their case is pending.

Eligibility is highly fact-specific, but common requirements include: (1) you are physically present in the U.S. at the time of filing, (2) you entered the U.S. lawfully after inspection (or were paroled), (3) you have a valid basis for a Green Card (most commonly a family relationship, and sometimes other categories), and (4) an immigrant visa is available to you at the time you file. In many cases, “visa availability” is immediate for certain family relationships (often called “immediate relatives” of U.S. citizens), but other categories may involve waiting for a visa number to become available.

Some applicants face additional requirements or restrictions based on past immigration history, prior applications, previous violations, or criminal issues. Others may need a waiver before they can be approved. Importantly, not everyone qualifies for AOS—even if you have a qualifying family member—because the rules around lawful entry, bars, and admissibility can be strict.

At Trujillo Law Group, we evaluate your eligibility by reviewing how you entered the U.S., what status you have held, whether any violations exist, and what Green Card category might apply. The goal is to identify the safest and most realistic pathway, explain risks clearly, and prepare a complete filing that minimizes avoidable delays.

In many situations, yes—Adjustment of Status is specifically designed for eligible applicants to pursue permanent residency while staying in the United States. If you qualify, AOS allows you to remain in the U.S. during processing, attend biometrics locally, and typically complete an interview with USCIS without traveling abroad. This can be especially important for families who want to avoid separation and for applicants who may face risks or complications if they leave the U.S.

However, the key phrase is “if you qualify.” AOS is usually only available if you were lawfully admitted or paroled into the U.S. and meet other requirements tied to your Green Card category. Some applicants—especially those who entered without inspection—may not qualify to adjust status in the U.S. through ordinary pathways. Even people who entered lawfully can become ineligible if they have certain immigration violations, particular criminal issues, or other grounds of inadmissibility, unless an exception or waiver applies.

It is also important to understand that leaving the U.S. while an AOS application is pending can create serious problems unless you have proper travel authorization (advance parole) and are otherwise eligible to re-enter. In some situations, travel can trigger bars or cause USCIS to treat the application as abandoned. For that reason, “applying without leaving” is often the goal, but it needs to be paired with careful planning about travel, work authorization, and timing.

A safe approach starts with confirming (1) your eligibility to file AOS, (2) whether a visa is available for your category, (3) whether any past immigration events could create risk, and (4) whether there are any reasons your case may be better handled through consular processing or a different strategy. Trujillo Law Group helps clients understand these factors clearly before filing, so you are not surprised mid-process by issues that could have been identified earlier.

It can, but the impact depends heavily on your Green Card category and your specific history. Overstaying a visa means you remained in the U.S. beyond the time you were authorized to stay. In many cases, an overstay creates complications—especially for people who are not in certain protected categories—because immigration law can require applicants to have maintained lawful status in order to adjust.

That said, there are important exceptions. For example, immediate relatives of U.S. citizens (commonly a spouse of a U.S. citizen, an unmarried child under 21 of a U.S. citizen, or a parent of a U.S. citizen over 21) may still be eligible to adjust status even if they overstayed a visa, as long as they entered lawfully and are otherwise admissible. This is one reason marriage-based and other immediate-relative cases often proceed through AOS even when there has been a lapse in status.

For other categories, overstays and certain types of unauthorized employment can be more problematic. Some applicants may need to show they continuously maintained lawful status, while others may not qualify to adjust at all without a specific legal exception. In addition, overstays can create serious risks if a person leaves the U.S., because unlawful presence can trigger re-entry bars. Even if AOS is possible, it is critical to plan carefully and avoid travel that could trigger those bars.

USCIS may also scrutinize the timeline: when you entered, what status you had, when it expired, whether any extensions were filed, and what happened afterward. Overstays can be simple (a short lapse) or complex (multiple entries, changes of status, or prior filings). The legal consequences can differ.

The best approach is to treat overstay as a key issue to analyze early. At Trujillo Law Group, we review your entry record, your I-94 history when available, your visa category, and your Green Card basis. Then we explain whether the overstay is a barrier, whether an exception may apply, whether a waiver could be needed, and what the safest strategy is based on your facts. The goal is not just to “file and hope,” but to file with a plan that addresses the reality of your immigration history.

Processing times vary significantly depending on your category, USCIS workload, the completeness of your filing, background checks, and whether USCIS issues additional requests for information. Some cases move faster; others take longer. Even within the same category, timing can differ based on local processing conditions and case complexity. Because timelines change, it is best to treat any estimate as a range—not a guarantee.

Most AOS cases follow a general sequence: (1) USCIS receives the application package and issues receipt notices, (2) biometrics are scheduled, (3) work and travel authorization may be processed if requested, (4) USCIS conducts background and security checks, (5) an interview may be scheduled, and (6) USCIS issues a final decision. Delays can happen at any stage, especially if USCIS needs more evidence or if there are complications involving prior immigration history.

One of the biggest sources of delay is a Request for Evidence (RFE), which happens when USCIS determines something is missing or unclear. Common RFE triggers include incomplete forms, missing civil documents, insufficient proof of a qualifying relationship, financial sponsorship issues, or prior immigration events that require clarification. Medical exam issues can also delay a case if a required examination is missing or expires.

Another factor is visa availability. For categories that require a visa number to be available (such as certain preference categories), you may not be able to file immediately, or USCIS may not be able to finalize your case until a visa becomes available. That can extend the overall timeline.

A well-prepared filing does not guarantee speed, but it reduces preventable setbacks. At Trujillo Law Group, we focus on making applications complete and clearly organized, preparing clients for likely USCIS questions, and responding quickly if USCIS requests additional documentation. We also provide realistic expectations about timing so families can plan for work authorization, travel limitations, and major life decisions during the pending period.

Many applicants can request permission to work while their AOS case is pending by applying for an Employment Authorization Document (EAD). This is commonly done by filing Form I-765 along with the AOS package or afterward, depending on the situation. If approved, the EAD allows the applicant to work legally in the United States during the time USCIS is processing the Green Card application. This can be an important form of stability for families and individuals who need income while waiting.

It is important to understand that eligibility to apply for an EAD depends on the AOS filing and the category under which you are requesting employment authorization. USCIS reviews the application carefully, and errors—especially selecting the wrong eligibility category—can cause delays or denials. Processing time for the EAD can vary and may not be immediate, so families should plan for a waiting period.

Working without authorization can create complications in some cases, though certain categories (including immediate relatives of U.S. citizens) may have more flexibility regarding past unauthorized work. Even so, it is best not to assume that unauthorized work will be “forgiven” without legal analysis. If you have worked without authorization, it is important to discuss this with counsel so your strategy reflects your specific facts.

Once you have an approved EAD, you can typically obtain a Social Security number if you do not already have one, and you can work for an employer in the U.S. Some applicants may also qualify for automatic extensions of work authorization in limited renewal scenarios, but rules vary by category and timing.

Trujillo Law Group helps clients determine whether filing the I-765 with the AOS package makes sense, ensures the form is completed correctly, and confirms that supporting documents (including AOS receipt notices, identity documents, and other evidence) are included. We also explain what you can and cannot do while waiting so you are not placed at risk by misunderstanding the rules.

Travel during a pending AOS case can be risky, and you should not assume it is safe without careful review. In many situations, leaving the United States while your AOS application is pending may cause USCIS to treat the application as abandoned unless you have valid travel authorization known as advance parole (often requested using Form I-131). Even with advance parole, travel is not automatically risk-free; the ability to re-enter can depend on your history and whether you are otherwise admissible.

Additionally, some applicants may trigger serious re-entry bars if they leave the U.S. after accruing unlawful presence. This is a critical issue: an applicant may be eligible to file AOS, but travel could create a new problem that did not exist while they remained in the country. That is why travel planning must consider the full immigration timeline, not just whether you have a pending application.

Advance parole, when granted, generally allows an applicant to request re-entry after temporary travel. But it is not a guarantee of admission. Border officers still have authority to review admissibility. Certain criminal issues, prior removal orders, or prior immigration violations can increase risk. For some applicants, travel is strongly discouraged even with an approved document.

There are also timing and practical issues: advance parole may take time to process, and leaving before approval can create complications. Many families plan travel for emergencies or important life events, but the safest choice may be to delay travel until after permanent residency is approved, depending on the facts.

At Trujillo Law Group, we help clients evaluate travel risk by reviewing unlawful presence history, prior immigration events, and current application status. We also explain the difference between “permission to travel” and “safety to travel.” If travel is necessary, we discuss the best timing and documentation to reduce risk.

Many AOS applicants will be scheduled for an interview with USCIS, though interview requirements can vary by case type and policy. The interview is an opportunity for USCIS to verify the information confirming eligibility for permanent residency. The officer may review your application forms, confirm biographical details, ask questions about your entry and immigration history, and evaluate admissibility issues. The interview also allows USCIS to identify inconsistencies or missing documentation.

In family-based cases—especially marriage-based cases—USCIS often focuses on the legitimacy of the relationship. Officers may ask about the history of the relationship, daily routines, shared living arrangements, finances, and plans. They may request updated documents that show the relationship is ongoing, such as joint leases, joint bills, bank statements, insurance, photos, or evidence of children. The goal is to confirm the marriage is bona fide and not entered into solely for immigration purposes.

For other AOS categories, the focus may be different. USCIS may ask about employment history, prior status, past visa compliance, or prior immigration filings. Officers can also ask questions related to the “yes/no” admissibility questions on the I-485, including issues involving arrests, citations, prior immigration violations, or misrepresentations. Accuracy is critical. If you do not understand a question, it is better to ask for clarification than to guess.

Some interviews are straightforward; others are more detailed. Sometimes USCIS cannot approve immediately and will request more evidence (an RFE) or place the case in additional review. That does not automatically mean denial—often it means USCIS wants additional documentation before making a final decision.

Trujillo Law Group helps clients prepare by reviewing the filing, organizing an interview packet, discussing likely questions, and ensuring you understand how to answer truthfully and clearly. Preparation is not about memorizing “perfect” responses; it is about being ready to explain your case consistently, confidently, and honestly.

Document requirements depend on your Green Card category and your personal history, but most AOS filings include: identity documents, proof of lawful entry, civil documents, evidence of the qualifying relationship or eligibility basis, and required government forms. At a high level, USCIS wants to confirm who you are, how you entered the U.S., that you qualify for a Green Card category, and that you are admissible.

Common documentation includes a passport biographic page, visa page if applicable, and proof of entry such as an I-94 record when available. Family-based cases typically include evidence of the relationship (for example, a marriage certificate for a spouse petition, or birth certificates for parent/child relationships). Many cases also require a financial sponsorship package (commonly Form I-864) with supporting financial documents to show the petitioner can support the immigrant.

USCIS also requires a medical examination from an approved civil surgeon, submitted using the designated medical form. The timing of the medical can matter, so it should be handled carefully to avoid expiration issues or missing components. In addition, AOS filings often include requests for work and travel authorization (I-765 and I-131) if the applicant wants those benefits while the case is pending.

If you have prior immigration history—such as prior applications, prior removal proceedings, or prior violations—you may need additional records to explain what occurred. If there are criminal issues, certified court dispositions and police records may be necessary. USCIS may also ask for translations of foreign-language documents.

Because documentation requirements can be extensive, organization is essential. A well-prepared case presents evidence in a clear, easy-to-review format that helps USCIS see eligibility without confusion. Trujillo Law Group helps clients identify required documents, avoid missing items that trigger delays, and prepare a filing that is complete and consistent with the facts.

A denial can have serious consequences, but the next steps depend on why USCIS denied the case and what your immigration status is at the time of denial. Some denials happen because USCIS believes the applicant is ineligible, not admissible, or lacks sufficient evidence. Others happen due to missed deadlines, failure to respond to a Request for Evidence, problems with the medical exam, or inconsistencies uncovered during the interview.

In some situations, an applicant may be able to correct the issue and refile. In other cases, a motion to reopen or reconsider may be possible, though these options are fact-specific and must be evaluated carefully. Some applicants may have alternative pathways available, while others may face a higher risk of being placed into removal proceedings after denial—especially if they do not have another lawful status to fall back on.

If the denial is based on inadmissibility (such as certain immigration violations or criminal issues), a waiver may be required, if one is available. If the denial is based on relationship issues in a family case, USCIS may require stronger evidence or may question credibility. If the denial is procedural (missing evidence or a missed response), solutions may differ.

The most important first step is to review the denial notice carefully and understand the specific basis. Then, consider timing: some post-denial options have strict deadlines. A strategic response is essential because a rushed refile can repeat the same issues.

Trujillo Law Group helps clients understand denial consequences in plain language and identify realistic next steps. The goal is to respond thoughtfully, protect your rights, and avoid actions that could create additional risk—especially if your lawful status depends on the AOS filing.