New Orleans Adjustment of Status Lawyer

The adjustment of the status process allows certain non-U.S. citizens within the United States to apply for lawful permanent residency—also known as a green card—without having to leave the United States.

The process is typically used by individuals who entered the U.S. on a temporary visa, such as a student or work visa and wish to become permanent residents. This guide covers everything you need to know about applying for adjustment of status.

The alternative to AOS is consular processing, which is when you apply for a green card from outside the United States. When you use consular processing, your green card will be processed by your nearest U.S. consulate or embassy, and you’ll remain outside the United States until your green card is approved. 

Both AOS and consular processing have their timelines, application forms, supporting documents, and costs, but the eligibility requirements are the same. If you are unsure which process applies to you, see our guide on the differences between AOS and Consular Processing.

Important Update

December 10, 2024: USCIS released a new version of Form I-485. Applicants must now submit Form I-693 (their medical examination results) at the same time as their green card application (Form I-485). The agency has also streamlined the affidavit of support process and included more apparent questions related to the public charge rule. Learn more.

Adjustment of Status Timeline

The adjustment of the status timeline varies depending on the type of application being filed and other variables. Getting a green card through AOS can be a slow process, and the exact timeline for Adjustment of Status will depend on your situation. U.S. Citizenship and Immigration Services (USCIS) releases processing times each quarter for all forms. However, for more current processing times, Boundless analyzes USCIS data monthly by the field office.

A few of the most common adjustments of status timelines based on our internal tracking are described below.

AOS Marriage Green Card Timeline

The current processing time for adjustment of status after marriage is 9.3 months for the spouse of a U.S. citizen and approximately 24-36 months for the spouse of a U.S. green card holder.

K1 to AOS Timeline

The time it takes to get a marriage green card from when your K-1 visa is approved is 9.3 months, but it could be longer, depending on your situation. Currently, the timeline for K-1 Fiancé Visa approvals is 6.1 months, which makes the overall timeline much longer than it was historically.

The 90-Day Rule for Adjustment of Status

If you’re eligible for a green card and in lawful status, you’ll still need to be careful not to trigger the 90-day rule. This is a guideline that U.S. Citizenship and Immigration Services (USCIS) uses to determine whether AOS applicants misrepresented their intentions when they first arrived in the United States.

Many temporary visas, such as the F-1 or B-1/B-2 visas, can’t be used if you plan to immigrate permanently. By contrast, other temporary visas, such as H-1B or L-1, allow “dual intent” and can be used even if you plan to move permanently to the United States.

If you’re on a visa that doesn’t allow dual intent, you could run into trouble when you apply for AOS since it shows that you intend to immigrate permanently. The U.S. government could reject your application or revoke your current visa if they decide you secretly planned to immigrate when you first entered the United States.

Document your change of plans

If you need to adjust your status within 90 days of entering the U.S., keep detailed records of what changed your plans. For instance, if you unexpectedly fall in love and decide to marry, save text messages, emails, and photos that show the relationship’s progression. This evidence can help prove you didn’t misrepresent your intentions when entering the country. Remember, the burden of proof is on you to show your original intent was genuine and circumstances changed after arrival.

To make that determination, the USCIS official handling your case will apply the 90-day rule. This guideline allows officers to infer that you misrepresented your intentions if you adjust your status within 90 days of arriving in the United States. It’s possible to convince the USCIS officer that you genuinely didn’t intend to immigrate when you first arrived, but you’ll have to offer evidence and will face an uphill struggle. Even after 90 days, USCIS officers can use their judgment to determine that you misrepresented your intentions. Still, you’re much less likely to have problems if you wait until more than 90 days have passed before filing an AOS application.

U.S. Immigration can be complex and confusing. Our attorneys are here to help.

Have your sponsor file the appropriate petition for your green card category:

• For a family green card, you’ll need to file the I-130 form.
• For an employment-based application, you’ll file the I-140 form
• For a humanitarian application, you’ll file the I-730 form.

Once your petition has been filed, USCIS must grant it. Depending on your individual circumstances, the timeline for this can vary between several months and well over a year.

Once USCIS grants your petition, you can check for up-to-date visa availability for your green card category. This will vary depending on your circumstances, green card category, and country of origin. While visa numbers are immediately available for immediate family members of U.S. citizens (though regular processing times still apply), applicants in other categories must sometimes wait years or even decades for a visa number to become available.

Once a visa is available, file your adjustment of status application (Form I-485).