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Timeline for Adjustment of Status and Green Card: How Long Does It Take?
Table of Contents
1. What is Adjustment of Status (AOS)?
2. Who is Eligible for Adjustment of Status?
3. Required Forms for Green Card Adjustment
4. Step-by-Step Adjustment of Status Process
• Filing Form I-485
• Biometrics Appointment
• Work and Travel Authorization (EAD & AP)
• Adjustment of Status Interview
• Final Decision and Green Card Issuance
5. How Long Does the Adjustment of Status Process Take?
6. Factors That Affect the Timeline
7. Common Delays in the Adjustment of Status Process
8. What Happens After Receiving the Green Card?
9. Cost Breakdown for Adjustment of Status
10. Can You Work While Waiting for a Green Card?
11. What If Your Adjustment of Status is Denied?
12. Tips to Speed Up the AOS Process
13. Frequently Asked Questions
14. Resources for Green Card Applicants
15. Final Thoughts on the AOS Timeline
What is Adjustment of Status (AOS)?
Adjustment of Status (AOS) is the process that allows certain foreign nationals already in the U.S. to apply for lawful permanent residence (green card) without returning to their home country. This differs from consular processing, where applicants complete the green card process at a U.S. embassy abroad.
Who is Eligible for Adjustment of Status?
To qualify for AOS, an applicant must:
• Be physically present in the U.S.
• Have entered the U.S. legally (with some exceptions, such as asylum seekers).
• Have an approved immigrant petition (like Form I-130 or I-140).
• Have a current priority date for a visa (as per the Visa Bulletin).
• Not have violated their visa status (exceptions exist for spouses of U.S. citizens).
Required Forms for Green Card Adjustment
When applying for AOS, you will likely need:
• Form I-485 – Application for Adjustment of Status
• Form I-130 – Petition for Alien Relative (if family-based)
• Form I-765 – Work Permit (EAD)
• Form I-131 – Travel Permit (Advance Parole)
• Form I-864 – Affidavit of Support (for family cases)
• Form I-693 – Medical Exam Report
Step-by-Step Adjustment of Status Process
1. Filing Form I-485
• Submit Form I-485 along with necessary evidence, such as identity documents, proof of eligibility, and financial affidavits.
• Pay the filing fee ($1,225 for most applicants).
2. Biometrics Appointment
• 3-8 weeks after filing, USCIS schedules a biometrics appointment where applicants provide fingerprints, photos, and a signature for background checks.
3. Work and Travel Authorization (EAD & AP)
• If you filed for work (EAD) and travel (AP) authorization, you’ll receive these documents in 3-6 months, allowing you to work and travel while waiting for your green card.
4. Adjustment of Status Interview
• In 8-14 months, USCIS schedules an AOS interview, especially for marriage-based applications.
• Applicants answer questions about their case and must present original documents supporting their petition.
5. Final Decision and Green Card Issuance
• If approved, USCIS produces and mails your green card in 2-4 weeks.
• If denied, USCIS will explain the reasons and whether you can appeal.
How Long Does the Adjustment of Status Process Take?
The average timeline for AOS is 8-16 months, broken down as:
• Filing & Receipt Notice: 1-3 weeks
• Biometrics Appointment: 3-8 weeks
• Work & Travel Authorization: 3-6 months
• Interview Notice: 8-14 months
• Final Decision: 2-4 weeks after interview
Factors That Affect the Timeline
Processing time varies based on:
• USCIS workload – Some field offices are busier than others.
• Visa availability – Some categories have backlogs.
• Incomplete applications – Requests for Evidence (RFEs) can slow things down.
• Additional background checks – Some applicants face extra security screenings.
Common Delays in the Adjustment of Status Process
• RFEs (Requests for Evidence) – If documents are missing or unclear.
• Backlogged field offices – Some regions have longer interview wait times.
• Security concerns – Additional checks can add months to processing.
• Medical exam issues – If the exam is expired or missing from the file.
What Happens After Receiving the Green Card?
• You receive either a conditional (2-year) or permanent (10-year) green card.
• Conditional green card holders (married less than 2 years) must file Form I-751 to remove conditions.
• You may apply for U.S. citizenship after 3-5 years (depending on eligibility).
Cost Breakdown for Adjustment of Status
• Form I-485 Filing Fee – $1,225
• Biometrics Fee – Included in I-485 fee
• Work Permit (I-765) and Travel Permit (I-131) – Free if filed with I-485
• Medical Exam Fee – $200-$500 (varies by doctor)
Can You Work While Waiting for a Green Card?
Yes, if you apply for Form I-765 (Employment Authorization Document, EAD).
• Processing time for EAD: 3-6 months.
• Work authorization is valid until your green card is approved.
What If Your Adjustment of Status is Denied?
• Check the denial notice for reasons – Some cases allow for a motion to reconsider.
• Common reasons for denial:
• Marriage fraud suspicion (for family cases).
• Inadmissibility due to criminal history.
• Eligibility issues or incorrect paperwork.
Tips to Speed Up the AOS Process
• Submit a complete application to avoid RFEs.
• Respond to RFEs quickly if issued.
• Check visa bulletin availability before applying.
• Attend biometrics and interview on time.
Frequently Asked Questions
Q: Can I travel while my AOS is pending?
A: Only if you apply for Advance Parole (Form I-131) and it gets approved.
Q: Can I stay in the U.S. if my visa expires while waiting?
A: Yes, as long as your I-485 was filed before your visa expired.
Resources for Green Card Applicants
• USCIS Adjustment of Status Page
• Fibi Law Firm – Immigration Attorneys
Final Thoughts on the AOS Timeline
The adjustment of status process requires patience and careful preparation. By ensuring your application is complete, error-free, and submitted on time, you can avoid unnecessary delays and speed up your green card approval.
Need legal help? Contact our immigration attorneys today! 🚀