Adjustment of Status: Frequently Asked Questions

General Requirements

 

Post-Filing Considerations

 

What is the Adjustment of Status process?

The application for adjustment of status to permanent residence is the final step in the green card process. You must be physically present in the U.S. at the time that the Adjustment of Status application is filed with the USCIS. The application consists of various forms along with your personal documentation. The application to adjust status may be filed concurrently with the employment-based preference petition for an applicant who falls within one of the first three preference categories and for whom a visa immediately available. In all other cases, once the preference petition has been approved, and provided that your priority date is current, you may file for Adjustment of Status. At some point during the processing of your case, you will receive a notice instructing you to have your fingerprints taken at a local USCIS office. Upon approval of the application, your Permanent Resident Card will be sent to you in the mail.


May I file my application for adjustment of status to permanent residence at the same time as my employer files an I-140 employment-based immigrant petition on my behalf?

The immigration regulations allow a foreign national to file his or her application for adjustment of status along with the employer's I-140 immigrant worker petition. This procedure is known as "concurrent filing". The rule also allows your spouse and children under the age of 21 to file their adjustment applications at the same time. Under prior procedures, a foreign national was required to wait until his or her immigrant petition was approved before filing the application to adjust status.

To qualify for concurrent filing, you must fulfill three criteria. First, you must qualify for employment-based immigration in one of the first three preference categories, which include (1) priority workers, outstanding researchers, and individuals with extraordinary abilities, (2) advanced degree professionals and exceptional ability aliens; and (3) professionals. Second, an immigrant visa must be immediately available. Third, each applicant for adjustment must be physically in the U.S. at the time of filing.

While the immigrant visa petition and the application to adjust status are pending at USCIS, you are eligible for an Employment Authorization Document (EAD). The EAD provides you with permission to work, usually in one or two-year increments. It may be renewed as long as the application to adjust status is pending.

If you need to travel outside the United States while the I-140 petition and I-485 application are pending, you must apply for a travel document called an Advance Parole unless you hold H-1B or L-1 status. This document will provide you with permission to travel abroad and re-enter the United States.

If you are currently in the United States in H-1B or L-1 nonimmigrant status, slightly different rules apply with respect to employment authorization and advance parole. You may continue to work and travel pursuant to your visa without obtaining an EAD or Advance Parole. If you elect to obtain an EAD and use it to work for an employer other than the sponsor of your H-1B or L-1 petition, you will jeopardize your nonimmigrant status. In addition, if you elect to obtain an Advance Parole to travel outside the United States, you will be admitted as a Parolee, rather than an H or L nonimmigrant; nonetheless, you may still continue to work pursuant to your H or L status until the immigrant application is approved. Note that policies concerning travel by H-4 and L-2 nonimmigrant family members who have been granted and used EADs as applicants for adjustment of status are unresolved; until the government issues clear guidance, individuals in these statuses who have worked based on EADs should proceed cautiously, and obtain and use an advance parole for reentry into the United States. If you are in H or L nonimmigrant status, and are considering an EAD or Advance Parole, make sure to consult with the FRAGOMEN legal professional with whom you normally work.


I recently had a job change. Does this impact my ability to file an Adjustment of Status application?

Changes to your job duties, title, location, or salary may affect your U.S. temporary work visa status and/or your green card application. You should discuss this immediately with your Human Resources/Immigration Department or your FRAGOMEN legal representative.


Can I include my spouse and dependent children when processing my green card?

Yes, your spouse and children under 21 can be included with you. All applications must be physically present in the United States to file their applications. The applications will be submitted simultaneously and your family members will receive their green cards at the same time as you do. Please note that if any of your children will turn 21 - known as "aging out" - before the application can be approved, you should notify Human Resources/Immigration Department or your FRAGOMEN legal representative immediately. Sons and daughters who are age 21 or over are subject to numerical limits on immigrant visas and thus may be subject to lengthy waiting periods before visas may be issued. However, there are legal provisions that in some circumstances mitigate the situation of a child's "aging out".


My spouse and/or dependent children are U.S. citizens; do you need any documentation from them?

No. However, please provide their information on the questionnaire.


Do I, or my family members, have any travel restrictions while the Adjustment of Status application is pending?

You and your accompanying family members must physically be in the U.S. at the time the adjustment of status application is filed with the USCIS. During the Adjustment of Status stage of "green card" processing, you must take care before engaging in international travel. If you have a valid H or L visa, you may use that visa to reenter the U.S. while the application for Adjustment of Status is pending. If your H or L stay has been extended, you will need to obtain a new visa before returning to the U.S. If your H or L status will expire during the adjustment process, or if you entered the United States in a nonimmigrant status other than H or L, you must obtain special permission to travel known as Advance Parole. An Advance Parole travel document is generally valid for one or two years and may be used in lieu of a visa for international travel. Applications for Advance Parole can take 3 months or more to process, and travel outside of the U.S. is prohibited while the application is pending. Your family members are also eligible for Advance Parole. Please note that adjustment applicants requiring advance parole must have the document in hand before leaving the United States or their adjustment applications will be deemed abandoned.

Family members who initially entered the U.S. in H-4 status and who have worked in the U.S. pursuant to an Employment Authorization Document granted in connection with their adjustment of status applications are no longer eligible to travel on their H-4 visas. Instead, they must obtain special advance parole travel documents as discussed above. The rules for spouses in L-2 status who have obtained employment authorization are different and you should seek further advice if this applies to you or your family.

If you or your family will need to travel for personal or business reasons, you should discuss this in advance with your Human Resources/Immigration Department or your FRAGOMEN legal representative.


What documents do I need to provide for Adjustment of Status processing?

Refer to the checklists below for detailed lists of documents required.


Will a pre-existing medical condition disqualify me for the green card?

Not necessarily. The USCIS will want to determine whether you possess a condition of public health significance or one that may affect your financial self-sufficiency. Any concern of this type should be brought to the attention of your Human Resources/Immigration Department immediately.


How do I know if my birth certificate is acceptable?

An acceptable birth certificate generally is issued by a governmental authority (i.e., not a hospital or religious certificate) and contains all of the following information:

  • Your name
  • Your birth date
  • Your place of birth (city and country): and
  • Names of both parents
Please check the State Department's website for availability and acceptability of birth certificates from your home country: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html. In cases where a birth certificate is unavailable or contains insufficient information regarding the birth or the parents, a sworn (notarized) affidavit (Sample birth affidavit) executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. The affidavit should set forth:
  • The relationship between the relative and the applicant;
  • How well the relative knows the applicant;
  • The date and place of the applicant's birth;
  • The names of both parents; and
  • Any other related facts.
The affidavit should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists. Note that the affidavit is not a conclusive record of birth (i.e., USCIS could decide the affidavit is not authentic or credible). Therefore, it is always best to submit a birth certificate if possible.


My spouse will be applying with me but we have been married for less than 2 years. What additional supporting documents will be needed

For dependent spouses married less than two years at the time of filing the application for Adjustment of Status, USCIS may require additional evidence to establish that the marriage is bona fide and/or request for the principal and dependent(s) appear for an interview at the local field office. We recommend gathering the following types of evidence:

  • DMV driver license/state ID showing the same domicile;
  • Birth certificates of children;
  • Rent Agreement, rent receipts, property deed, or property tax bill to evidence joint tenancy;
  • Bank statements and canceled checks showing shared accounts since year of marriage;
  • Mortgage payments, joint credit card statements or invoices of major purchase, evidencing joint liability;
  • Utility and phone bills evidencing shared accounts since year of marriage;
  • Auto/medical/life/property insurances, showing spouse as co-insured, dependent, or beneficiary;
  • Loans together showing joint liability;
  • Jointly filed tax returns;
  • Itineraries for trips taken together;
  • Wedding photos, photos of trips together and photos with friends and relatives;
  • Letters and congratulatory/greeting cards to both spouses from friends and family.

When possible, we suggest including some evidence with the initial Adjustment of Status application filing. You should also continue to collect additional evidence while the application is pending with USCIS in the event of a Request for Evidence or interview.

 

I just filed my adjustment of status application, what happens next?

RECEIPT NOTICES. Approximately 15 to 30 days after filing your application, USCIS will forward to our office receipt notices on Form I-797C. You should receive copies in your mail as well. Processing of permanent residence applications at USCIS can be monitored at www.uscis.gov by entering your receipt number, once you have it, where indicated in the upper left hand corner of the webpage, under "CASE STATUS". Please note that all processing times are estimates which are subject to change on a monthly basis.

FINGERPRINT BIOMETRICS APPOINTMENT. Following the filing of your application, USCIS will forward to your home address a notice requesting that each applicant to appear for a biometrics (fingerprinting and photographing) appointment at a local USCIS Application Support Center near your residence. You must make every effort to appear at this appointment. Rescheduling for your appointment may substantially delay processing of your application for permanent residence, and failure to attend these appointments at all can lead to USCIS considering your application to be abandoned. The biometrics will be forwarded electronically to the FBI and CIA for a record investigation and the results of the investigation will be forwarded back to USCIS.

ADVANCE PAROLE (AP) AND EMPLOYMENT AUTHORIZATION CARD (EAD). Approximately 90-120 days after filing your application, you should receive a card at the home address listed on your AOS application. This card will be a combination AP/EAD card that will allow you work authorization and allow you to return to the U.S. after traveling internationally, while your AOS is pending. When you receive the AP/EAD card, please send a copy to our office for our records, so that we may monitor the expiration date, and file applications to extend your permission to work and travel, if necessary.


If my nonimmigrant status expires while the Adjustment of Status Application is pending, may I continue to work?

While the Application for Adjustment of Status is pending, you are eligible for an Employment Authorization Document (EAD). The EAD card is usually approved for periods of one or two years at a time. The EAD application process generally takes at least three months, though processing times differ depending on the Service Center at which the application is made. Application for the EAD card should be made well in advance so that you receive the card before your nonimmigrant status expires. The card must be renewed, if necessary, while the adjustment application is pending.


Can my spouse and children work at any time during the permanent residence process?

Your spouse and children (who are old enough) may apply for authorization to work while their Applications for Adjustment of Status are pending. They will need to obtain Employment Authorization Documents before they can start to work. See above for important travel information that may be applicable if your spouse or child(ren) work pursuant to an Employment Authorization Document.


I am considering a job change. Will this impact my pending Adjustment of Status application?

Maybe. Changes to your job duties, title, location, or salary may affect your U.S. temporary work visa status and/or your green card application. You should discuss this immediately with your Human Resources/Immigration Department or your FRAGOMEN legal representative.


What if I move residences after I file my application?

The U.S. Citizenship and Immigration Services requires non-U.S. citizens to report changes of address on Form AR-11 within 10 days of moving. The AR-11 must be completed for each family member and your address needs to be updated for all pending applications. Failure to do so can negatively affect your pending applications and jeopardize your ability to remain in the United States. Please be sure to let your FRAGOMEN legal representative know of any changes in address as well.


My personal circumstances have changed, how do I include my new spouse or my child that was born abroad?

If, in the future, you get married or have children born abroad and you would like to file a green card application for your new family member, please be sure to alert us immediately. Your family member's application will have to be filed before your AOS is approved for him or her to be able to join with you in the employment-based green card process. In addition, your priority date must be current in order for your dependents to file their applications.