Green Card

If you are lawfully in the United States, you may qualify to file Form I-485 for Adjustment of Status (AOS) with USCIS. This process allows you to apply for a green card without leaving the U.S. After filing, there are several steps to complete and key details to remember while waiting for your final interview. Below, we explain the Adjustment of Status process and what to expect.

What is USCIS Form I-485 Adjustment of Status?

Adjustment of Status is a way for individuals already in the U.S. on a valid visa to become permanent residents (green card holders) without returning to their home country. It’s available to individuals who meet specific eligibility requirements based on an immigrant category.

How Do I Qualify to File USCIS Form I-485?

Eligibility for AOS depends on your immigrant category. Common categories include:

  • Green Card Through Family
    For immediate relatives of U.S. citizens or lawful permanent residents.
  • Green Card Through Employment
    For individuals sponsored by an employer for permanent residence.

Before filing Form I-485, confirm you meet the criteria for your specific category.

Steps After Filing Form I-485

Here’s what happens after you submit Form I-485:

1. Receipt Notice (Form I-797)

After submitting your application, USCIS will issue a Form I-797 Receipt Notice. This document includes your receipt number, which you can use to track your case status online.

  • Tip: Save all notices and correspondence from USCIS for your records.

2. Biometrics Appointment

USCIS will schedule a biometrics appointment at a local Application Support Center (ASC). Your fingerprints, photo, and signature will be collected during this appointment for a background check.

  • Important: Missing this appointment can result in case denial.

Responding to USCIS Requests

Request for Evidence (RFE)

If your application is missing information or documents, USCIS will issue an RFE. Carefully review the request and respond promptly with the required evidence. Failure to reply within the deadline can lead to denial.

When Will My Final Interview Be Scheduled?

Some applicants must attend a final interview at a USCIS field office. If USCIS waives your interview, you will be notified through a Form I-797 Notice of Action.

  • What to Bring to the Interview:
    • Original documents, such as your passport, marriage, and birth certificate.
    • Any updated evidence requested by USCIS.

Missing your interview can result in denying your case, so make the necessary arrangements to attend.

Keeping Your Address Current

USCIS sends all notices by mail. You must update your address with USCIS and USPS within 10 days of moving. Missing notices due to an outdated address can lead to missed appointments and case denial.

How Long Does the Adjustment of Status Process Take?

Timelines can vary based on your case and the USCIS workload. On average:

  1. Receipt Notice: 2–4 weeks after filing.
  2. Biometrics Appointment: 4–8 weeks after filing.
  3. Interview Notice: 6–12 months after filing.
  4. Decision and Green Card Issuance: 1–2 months after the interview.

You can check current USCIS processing times here. Timelines are projections and subject to change.  Do not rely on or make any decisions based on these projections.

Final Tips for a Successful Adjustment of Status Application

  • Stay organized: Keep copies of all submissions and notices from USCIS.
  • Respond promptly: Answer RFEs or other USCIS requests on time.
  • Seek legal help if needed: An immigration attorney can guide you through complex issues.

Understanding the process and staying on top of deadlines can make your journey to permanent residence smoother.

Schedule a Consultation with an Immigration Lawyer

Citations

We Can Help!

You may have questions regarding an I-485 Adjustment of Status. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.

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