Adjustment of Status (AOS):
Becoming a Permanent Resident from Inside the US

Navigating the Green Card Process Without Leaving the United States

Adjustment of Status (Form I-485) is the legal process used by foreign nationals who are already physically present inside the United States to apply for a green card without having to return to their home country. For many Filipino families, this pathway provides an incredible sense of relief, as it allows loved ones to remain together in the U.S. while their applications are being processed by USCIS.

Below are real-world examples of how different family members—spouses, parents, and children—can successfully adjust their status, even if they have accidentally fallen out of lawful status.

Disclaimer: The following is intended only to give you a general idea of the topic. It is NOT intended to be legal advice. Everyone's goals and situations are unique. Please consult an attorney to determine which method is best for your specific goals.

An Illustrative Example: Changing Status from a Non-Immigrant Visa

Christian, a U.S. citizen, recently married his wife Amy. While courting Amy, Christian learned that Amy had entered the United States several years ago on a tourist visa and was now out of status (TNT).

Attorney Avelino explained to them that although overstaying a tourist visa is never encouraged and illegal, the immigration laws will still allow Amy to adjust her status to a lawful permanent resident based on her marriage to a U.S. citizen as an Immediate Relative, as long as she is otherwise admissible.

With the help of Attorney Avelino, they file the spousal petition and application to adjust status for Amy. At the same time, they also file an application for employment authorization (work permit) for Amy. The work permit is usually issued a few months before the green card. This way, Amy can begin legally working even before her green card is issued. In addition, Attorney Avelino prepares Christian's Affidavit of Support proving he has the financial ability to support his wife.

Who Is Eligible for Adjustment of Status?

Adjustment of Status is available to certain foreign nationals who are already physically present in the United States and meet the eligibility requirements established under U.S. immigration law.

The Lawful Entry Requirement

One of the most important requirements is that the applicant must generally have been lawfully admitted or paroled into the United States. Although Amy, Maria, and Jeremy each later overstayed their authorized period of stay, they initially entered the United States legally, allowing them to pursue Adjustment of Status as Immediate Relatives, provided they were otherwise admissible.

Immediate Relatives vs. Preference Categories

Immediate Relatives of U.S. citizens—including spouses, unmarried children under 21 years of age, and parents of U.S. citizens who are at least 21 years old—are generally eligible to apply for Adjustment of Status without waiting for a visa number to become available.

The following examples demonstrate how this process applies to different qualifying family relationships.

Example 2: U.S. Citizen Daughter Petitions Her Mother Who Is in the United States

Christine recently became a U.S. citizen. She wants to obtain a green card for her mother, Maria, who is currently living with her in the United States. Her mother is currently out of status (TNT) after overstaying her last entry as a tourist visitor.

Attorney Avelino explained to Christine that although overstaying a tourist visa is never encouraged and illegal, the immigration laws will still allow her mother to adjust her status to a lawful permanent resident based on her maternal relationship to a U.S. citizen (as an Immediate Relative), as long as her mother is otherwise admissible.

Example 3: U.S. Citizen Parent Petitions Minor Child Already in the USA

Paolo, a U.S. citizen living in Texas, brought his 14-year-old son, Jeremy, from the Philippines on a tourist visa so they could spend time together. Realizing he wanted his son to grow up beside him permanently, Paolo allowed Jeremy to stay and enroll in school, causing Jeremy to fall out of status (TNT). As Jeremy approached his 18th birthday, Paolo wanted to fix his legal status before he became an adult.

Attorney Avelino explained to Paolo that although overstaying a visa is never encouraged and illegal, federal immigration laws allow unmarried minor children under the age of 21 to adjust status to a lawful permanent resident based on their relationship to a U.S. citizen parent. As an Immediate Relative, Jeremy's prior overstay is legally forgiven as long as he is otherwise admissible.

The Concurrent Filing Package (Forms I-485, I-130, I-765, and I-131)

With the help of Attorney Avelino, Christian and Amy file the spousal petition and application to adjust status. Attorney Avelino also prepares Christian's Affidavit of Support.

Similarly, Christine files the family petition and adjustment application for her mother, while Paolo concurrently files Form I-130 and Form I-485 for his son Jeremy together with the required Affidavit of Support.

A few weeks after filing, each family receives receipt notices from USCIS. Once the Form I-485 receipt notice is issued, the applicant enters a period of authorized stay while the Adjustment of Status application remains pending.

Securing Work Authorization and Advance Parole Travel Documents

Amy and Maria also file applications for Employment Authorization (Form I-765), allowing them to obtain work authorization while waiting for USCIS to decide their Green Card applications.

Depending on the circumstances, applicants may also file Form I-131 to request Advance Parole, which may permit qualifying applicants to travel internationally while their Adjustment of Status application is pending. Applicants should always seek legal guidance before traveling outside the United States.

The Adjustment of Status Interview and Final Approval

Around one month after filing, Amy, Maria, and Jeremy each attend biometrics appointments where USCIS collects fingerprints and photographs for background checks.

Several months later, Amy and Christian attend their Adjustment of Status interview at the local USCIS office. After reviewing their application and supporting documents, the officer approves Amy's permanent residence. Because the marriage was less than two years old, she receives conditional permanent resident status and must later file Form I-751 to remove those conditions.

Maria is also scheduled for an Adjustment of Status interview, although Attorney Avelino explains that USCIS sometimes waives interviews for parent petitions. Shortly after approval, Maria receives her permanent 10-year Green Card.

Jeremy's case is approved without an interview because USCIS determines that the parent-child relationship and supporting documentation clearly establish his eligibility. He later receives his permanent 10-year Green Card in the mail.

Please Note: As noted above, there are a variety of ways to obtain a Green Card through the Adjustment of Status process inside the United States. However, due to the complex evidentiary requirements, shifting processing timelines, and strict legal consequences involved in each unique case, please consult an experienced immigration attorney before filing.