Adjustment of Status | What to Know

Adjustment of Status (AOS) is the process by which a non-United States citizen petitions to become a permanent resident. This would allow an individual to live and work in the United States of America permanently. This is done by obtaining a Green Card. Read on to learn more about the qualifications needed to adjust your status and obtain a Green Card

Qualification for an Adjustment of Status

In order to qualify for permanent resident status, there are some requirements you must meet. First of all, you must reside within the United States. Additionally, you may be eligible to apply for a Green Card through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions. In some cases, you may even be able to self-petition.


Immediate relatives of U.S. citizens do not have to wait for a visa, and there is no limit to the number of visas that can be issued. Immediate relatives include:

  • Parents of a U.S. citizen
  • Spouses of a U.S. citizen
  • Unmarried children under the age of 21 of a U.S. citizen

Job or employment-based

People who would like to become immigrants based on employment or a job offer may apply for permanent residence or an immigrant visa while they are outside of the country.

Refugee or Asylum

If you were admitted to the United States as a refugee or as a qualifying spouse or child of a refugee, you are required to apply for permanent residence one year after your entry into the United States.

Petitioning for an Adjustment of Status

Petitioning for adjustment of status can be a long process. In some cases, it can take several months and in others, it can take over a year. The process will require biometrics and a formal interview. If the person petitioning is the spouse of a United States citizen, then the immigration officer conducting the interview will require proof of a valid marriage. While the Adjustment of Status Application is being processed, many people also file for employment authorization and “advance parole” allowing them to work and travel to and from the United States before their adjustment of status has been completed.

If you wish to adjust your status, you should reach out to a skilled immigration attorney. Our firm is here to walk you through the process every step of the way.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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