Adjustment of Status (AOS)

What is Adjustment of Status (“AOS”)?

An eligible applicant can change his immigration status to become a Lawful Permanent Resident (“LPR”), being in the United States. This process is called Adjustment of Status (“AOS”).

Who is eligible for an Adjustment of Status (“AOS”)?

The following applicants are generally eligible to adjust their status in the United States:

Applicants with a lawful entry to the U.S., even if they are out-of-status

• Spouse of a U.S. citizen with an approved immigrant visa petition
• Parents of a U.S. citizen with an approved immigrant visa petition
• Unmarried children under 21 years old of a U.S. citizen with an approved immigrant visa petition

Applicants with a lawful entry to the U.S., and who are maintaining a lawful status

• Unmarried sons or daughters of a U.S. citizen with an approved immigrant Visa petition
• Married sons or daughters of a U.S. citizen with an approved immigrant visa petition
• Brothers or sisters of a U.S. citizen with an approved immigrant visa petition
• Spouse of a lawful permanent resident with an approved immigrant visa petition
• Unmarried children (any age) of a lawful permanent resident with an approved immigrant visa petition
• Foreign nationals who entered the U.S. on the fiancée K-1 visa and have married the U.S. citizen petitioner within the 90 day period
• Foreign nationals with an approved visa petition filed on their behalf by a U.S. employer
• Asylees and refugees who have been in the U.S. in asylee or refugee status for one year
• Cuban nationals to acquire permanent residence one year after they have been inspected and admitted or paroled into the U.S.
• Winners of the Diversity Visa Lottery who are already in the U.S in a nonimmigrant visa status

Applicants–regardless of the mode of entry and/or lawful status–are allowed to adjust their status

• Under Section 245(i), if a prospective employer or relative filed either a labor certification or a visa petition on the person’s behalf either:
• before January 14, 1998, or
• between January 14, 1998 and April 30, 2001 if the applicant can prove that he or she was physically present in the U.S. on December 21, 2000
• Foreign nationals who have been residing continuously in the U.S, since January 1, 1972, through Registry.