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Adjustment of Status (AOS)

Adjustment of Status (AOS)

Adjustment of Status (AOS) is the process that allows certain noncitizens already in the United States under a valid visa to apply for lawful permanent residency (a green card) without returning to their home country. Whether you are an employer sponsoring a key employee, an individual pursuing long-term status, or a family seeking to stay together, AOS provides a streamlined path to permanent residence for those who qualify.

For Employers

What It Means:
Adjustment of Status allows your sponsored foreign national employee—already working in the U.S. under a valid visa (such as H-1B or L-1)—to apply for permanent residency without leaving the country.

Why It Matters:

  • Minimizes disruption to employment during the green card process
  • Avoids the uncertainty and delays of consular processing abroad
  • Allows eligible employees to stay and work (with proper authorization) in the U.S. while their application is pending
  • Enables employers to plan long-term roles and retention more effectively

For Individuals

What It Means:
Adjustment of Status (AOS) is the process that lets you apply for a green card while remaining in the U.S. If you’re already here on a temporary visa and have an approved immigrant petition, AOS allows you to seek permanent residence without returning to your home country.

Why It Matters:

  • You can stay in the U.S. legally while your green card is processed
  • You may be eligible for work and travel authorization during the process
  • It’s often simpler and more predictable than applying through a U.S. consulate abroad

For Families

What It Means:
Adjustment of Status allows eligible family members already in the U.S.—such as spouses, children, or parents of U.S. citizens or green card holders—to apply for permanent residence without traveling abroad.

Why It Matters:

  • Keeps families together during the immigration process
  • Avoids the expense and uncertainty of consular interviews abroad
  • May allow family members to apply for work and travel authorization while their case is pending
  • Immediate relatives of U.S. citizens can adjust status even if out of status in some cases.

Consular Processing

If an individual has an approved immigrant petition and is currently outside the United States, they must apply for their immigrant visa through Consular Processing. This process is handled by the U.S. Department of State at a U.S. embassy or consulate abroad. If approved, the applicant receives an immigrant visa to enter the United States as a lawful permanent resident.

How Boudia Immigration Law Can Help

Adjustment of Status may seem straightforward, but even minor errors or missing documentation can lead to delays, denials, or legal complications.

At Boudia Immigration Law, we help individuals, families, and employers navigate the AOS process with clarity and confidence. From confirming eligibility and filing Form I-485 to responding to Requests for Evidence (RFEs) and preparing for interviews, our team ensures every step is handled with care and precision.

With decades of immigration experience, we understand the nuances that can make or break a case—and we’re committed to helping you achieve permanent residency as efficiently as possible. Our legal team ensures your application is accurate, complete, and strategically presented from the start.

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John J. Boudia

John J. Boudia

Managing Attorney +

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