Adjustment of Status Guide & FAQs

Adjustment of Status (AOS) is the process for applying for lawful permanent residence (a green card) from within the United States. The core filing is Form I-485, and applicants often file Form I-765 (EAD) and Form I-131 (Advance Parole) at the same time. This guide covers eligibility timing, travel rules, required documents, medical exams, dependents, and what to expect after filing.

1. Background

What is an Adjustment of Status (AOS) application?

An Adjustment of Status (AOS) application is filed with U.S. Citizenship and Immigration Services (USCIS) to request permanent resident status (a “green card”) from within the U.S. If approved, you and your dependents become U.S. lawful permanent residents.

• Form used: Form I-485
• When filing the AOS, you are also eligible to apply for:
  • Employment Authorization Document (EAD) – allows you to work while the AOS is pending.
  • Advance Parole (AP) – allows you to travel internationally while the AOS is pending.

Will all these applications (AOS, EAD, AP) be approved separately?
Yes. USCIS may approve the EAD and AP first (sometimes as a combined card). The AOS usually takes longer and is processed separately.

Is there a process flow I can follow?
Yes. Alma provides a process outline through the Alma Client Portal, which details each stage of the AOS filing and adjudication.

2. Priority Dates & Preference Categories

What are priority dates and preference categories?

Priority dates establish a person's place in line for an immigrant visa (Green Card) in certain categories that are numerically limited by U.S. law. The date is typically set when the immigrant petition (Form I-130 for family-based or Form I-140 for employment-based) is properly filed with U.S. Citizenship and Immigration Services (USCIS). Since the number of visas issued annually is capped, people whose priority dates are not yet "current," as shown on the monthly Visa Bulletin, must wait their turn.

Preference categories are the classifications used to allocate the limited number of immigrant visas each year. These categories apply to both family-sponsored and employment-based immigration and give precedence to specific types of applicants. The system is broken into multiple tiers, with higher-priority categories receiving a larger allocation of visas. For example, in the employment-based context, certain multinational managers and executives are put in the first-preference employment-based category (EB-1), which is considered a “higher priority” category than that given to roles that require an advanced degree professionals, which are classified as EB-2.

Green card allocation depends on:

• Your country of birth
• Preference category (employment-based or family-based)
• Priority date (your place in line for a green card)

For employment-based cases, the priority date is:

• The date a PERM Labor Certification was filed, OR
• The date USCIS received your Form I-140, Immigrant Petition for Alien Worker

For family-based cases, the priority date is:

• The date USCIS received your Form I-130, Petition for Alien Relative

Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) are not subject to these annual numerical limits or priority dates.

How do I know when I am eligible to adjust status?
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Every month, the U.S. Department of State publishes a monthly U.S. Department of State Visa Bulletin, which lists priority date cut-offs for each preference category and country of chargeability.

• If your priority date is earlier than the listed date, you are eligible to file.
• If your priority date is later, you must continue waiting.

Final Action Dates vs. Dates for Filing
Each month, USCIS announces whether to use the Final Action Dates or Dates for Filing chart from the Visa Bulletin. See USCIS’s update page: USCIS Visa Bulletin Updates.

EB-2 vs. EB-3 Preference Category Changes
If EB-3 is moving faster than EB-2, Alma will evaluate whether a category change (often called “downgrading”) is possible in your case.

3. Travel During AOS

Can I travel internationally after filing AOS?
Yes, if you meet one of these conditions:

1. You have a valid Advance Parole (AP) document.
2. You are in valid H-1B or L-1 status, have a valid H/L visa stamp, and will continue employment in H/L status after re-entry.

If you travel without AP or valid H/L status, your AOS will be denied.

• Apply for AP with your AOS: Form I-131, Application for Travel Document

If I am in TN, E-3, O-1, F-1, or another non-H/L status?
You cannot travel internationally within the 90 days prior filing your AOS  until the Advance Parole is issued.

Special Notes on AP Travel

• Using AP for re-entry may result in secondary inspection at the airport.
• Even if you don’t plan to use it, always carry your AP when traveling internationally.

4. Documents & Medical Exam

Where can I find my document checklist?
Alma will provide a customized checklist through the Alma Client Portal.

I can’t find my I-94. What do I do?
Retrieve it online here: CBP I-94 Website

When should I complete my medical exam?

• Must be completed by a USCIS-designated civil surgeon or call (800) 375-5283. Many surgeons provide the required Form I-693, and we recommend verifying this when making your appointment. If they do not, you can download the I-693 Form on USCIS’s website. Make sure the doctor signs a current edition of Form I-693, as USCIS updates its forms regularly.  
• The civil surgeon provides results in a sealed envelope (Form I-693). Do not open it.
• The medical exam report must be submitted with your initial AOS filing. If you are applying with dependents, all dependents must complete medical exams.

Passport Photos Required

• 2 for AOS (per applicant)
• 2 for EAD (per applicant)
• 2 for AP (per applicant)
  Total = 6 photos per applicant

Photos must meet U.S. State Department photo requirements and be taken within 30 days of filing. On the back of each photo, write the applicant’s full name and date of birth. Photographs should be taken within 30 days of filing the AOS application. Please mail these photos as well as your medical exams to us when mailing your signed AOS forms.

December 2025 USCIS Photo Policy UpdateOn Dec. 12, 2025, USCIS issued guidance indicating that it intends to rely on biometrics-captured photos for identity and document production purposes and to limit the reuse of previously submitted photographs. However, current Form I-485 filing instructions continue to list passport-style photographs as required initial evidence.Because USCIS retains discretion to reject or delay applications that are missing required initial evidence, many immigration practitioners continue to advise submitting passport photos with the initial I-485 filing to minimize the risk of erroneous rejection or processing delays.The appropriate approach may vary depending on the specific case and filing circumstances. We recommend speaking with immigration counsel to determine the best strategy for your filing.

USCIS requires disclosure of financial and background information under the public charge rule. If your spouse and children are applying with you, they need to provide this information with their applications.

• Arrests: You must disclose all arrests, even if expunged.
• Household size & income: Your household includes you and (if they physical live with you) your spouse, your children, your parents, anyone listed as your dependent on your U.S. federal income tax return, and anyone listed as a dependent under 21 years of age.
• Total value of assets & debts: For assets, do not deduct the amount of a mortgage or loan. List the total value of household assets. For debts, include secured and unsecured debt owed by your household members, i.e. mortgage, car loan, student loan, credit card debt, etc.
• Highest education level: Highest grade or degree completed in school.
• Work certifications, licenses, and skills
• Past receipt of public benefits (SSI, TANF, cash assistance, long-term institutionalization)

Not required: SNAP, CHIP, COVID-19 stimulus payments, tax credits, housing benefits, or vaccines/testing.

Do I need to provide financial documents?
No, unless USCIS specifically requests them later.

If USCIS determines I am likely to be a public charge?
Rare, but USCIS may require a bond (minimum $1,000) before approving your AOS.

6. Spouses & Children

If my spouse is in F-1, TN, or another non-H/L status?
They cannot travel internationally within 90 days of filing the AOS and until their AP is approved. If you have international travel plans, let us know so we can plan the filing accordingly.

Marriage Under 2 Years
If you’ve been married less than 2 years, you must prove your marriage is bona fide (real). Examples:

• Joint leases, bank statements, joint bills (i.e. phone, credit card, utility), joint tax returns, photos of you and your spouse with at various stages in your relationship and with family, affidavits from friends/family.

Future Marriage Plans
If you marry before AOS approval, your spouse can join your case. If you marry after, you must file a new petition later.

Work & Social Security Numbers for Dependents
Your spouse and children can apply for EADs. Once they receive EADs, they may work and apply for Social Security Numbers.

7. After Filing the AOS

What happens next?

• Biometrics Appointment: USCIS will send a notice for fingerprints & photo.
• Background check: Conducted by USCIS.
• Interview: May be scheduled depending on your case.

How long does the process take?
Timelines vary and depend on priority dates. Cases can remain pending if cut-offs retrogress.

Check USCIS Case Processing Times.

Case Updates

• Alma monitors your case in the Alma Client Portal.
• You can also check directly at USCIS Case Status Online.

Moving During AOS
You must notify USCIS of address changes within 10 days: Change of Address Tool.

Work Visa While Pending AOS

• You may continue in valid H-1B/L-1 status.
• Alternatively, you can use your EAD/AP after approval.
• If you hold another status (F-1, TN, O-1, etc.), speak with Alma for strategy.

Need help with an AOS plan? Alma is here to help

This guide is designed to help you navigate the Adjustment of Status process step by step. If you have questions not covered here, please contact your Alma team.

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