What is Adjustment of Status (AOS) for Family Members in the U.S.?

Adjustment of Status (AOS) is the process that allows foreign nationals who are already in the United States to apply for lawful permanent resident status (a Green Card) without having to leave the country. The adjustment of status process is commonly used by family members of U.S. citizens or lawful permanent residents, including spouses, children, and other immediate relatives.

Therefore, if you’re married to a U.S. citizen or lawful permanent resident and are already living in the country, you can apply for AOS to transition from your current visa status to permanent residency. In some cases, spouses and children of lawful permanent residents (LPRs) may need to wait for a visa to come available before they can move forward with their application. This process helps keep families united and ensures they can build their future together in the United States. This blog post explains the adjustment of status meaning, how to apply for adjustment of status (also known as “green card”), the process, and other requirements.

Visa Types for Pending Adjustment of Status

Understanding the adjustment of status meaning helps clarify how it allows qualified non-immigrant visa holders to apply for permanent residency without needing to depart the United States. AOS only works for specific categories of non-immigrant visa holders, including family-based and other selected categories. Family-based applications allow immediate relatives and family preferences to file applications without leaving the United States.

You are considered an immediate relative if you are the spouse, minor child (below 21), or a parent of a U.S. citizen. The family preference applications extend the qualification to close relatives of U.S. citizens and permanent residents.

Consular Processing Vs. Adjustment of Status

Consular Processing and Adjustment of Status (AOS) are two different pathways for foreign nationals seeking to obtain a Green Card (permanent residency) in the United States.

Consular Processing is for individuals who are outside the United States or need to return to their home country for visa processing. This process involves applying for an immigrant visa through a U.S. embassy or consulate abroad. Once the visa is approved, the individual can travel to the United States and become a permanent resident upon entry. On the other hand, Adjustment of Status (AOS) is for individuals who are already in the United States on a temporary visa. They can apply to adjust their status to permanent resident without having to leave the country. This process is often used by individuals who are married to U.S. citizens or have family-based sponsored adjustment of status eligibility.

For this reason, if you’re already in the United States, you would apply for AOS. If you’re outside the United States, you would go through Consular Processing to obtain your immigrant visa and enter the United States as a permanent resident. The HBM Law team also provides consular processing solutions for your immigration needs. Read more on our blog post, Make the U.S. Your Family’s Home: From Consular Processing to Green Cards for Immediate Relatives.

Adjustment of Status Processing Time

Several factors affect AOS processing time. The processing time may vary depending on the application type or backlog at the United States Citizenship and Immigration Services (USCIS). Due to these variations, the USCIS releases the expected processing time each quarter. It will also matter depending on where in the United States you apply from. Families can check AOS case processing times here with the USCIS processing times estimator depending on the visa type. If you’re looking for more accurate processing time estimates for your adjustment of status, HBM can help. Superior to the published USCIS processing times, HBM can provide an estimate to processing times for adjustment of status at the USCIS Des Moines Field office based on timelines of other cases and wait times at a particular U.S. Embassy or Consulate, gathered from crowdsourced data collected by hundreds of practicing immigration attorneys.Some common AOS timelines include the following.

Marriage Green Card Adjustment of Status

As a couple with a U.S. citizen and a foreign spouse, if you both plan to marry and live in the United States, the U.S. citizen can petition for the foreign spouse’s adjustment of status to lawful permanent residence. The AOS processing time after marriage depends on the number of applications and other factors, but HBM Law can provide current estimate processing times based on our other cases.

Please note that if you’re married to a foreign spouse and want to return or bring them to the United States, they will require a specific type of visa such as the immediate relative or conditional resident (IR1 / CR1). These visas remove the requirement for the foreign spouse to file for Adjustment of Status (AOS) after arriving in the United States because the foreign spouse arrives as an immigrant to the United States. Learn more about HBM Law’s spouse visa services here.

K1 Visa to Adjustment of Status and Why It May Take Longer

Adjustment of Status Filing Fee

Currently, the filing fee is $1440 to register a Form I-485 for AOS. However, you may pay less or have the fees waived entirely. Please visit this useful USCIS fee calculator page to calculate your fees.

AOS Requirements

Applicants using Form I-485 must be physically present in the United States. They should also provide the following documents;

• Proof of entry through form I-94
• Identification documents (foreign birth certificate and passport)
• Proof of marriage and proof of that US citizen and foreign spouse are free to marry
• Proof of US citizen or permanent resident’s ability to support the Applicant financially (Affidavit of Support Form I-864) or if not possible, proof of sufficient assets or relying on a joint sponsor
• Certified court records (if applicable)
• Medical examination certificate

As this is a non-exhaustive list, HBM Law, our immigration law firm in Iowa will help guide you depending on your case and visa type.

Begin Your Adjustment of Status Process Today with HBM Law

For families planning a future together, deciding where to live in the United States is a big part of the journey. Adjustment of Status is a complex legal process. Not everyone is eligible for AOS. How can HBM Law Offices help? Determining eligibility requires a thorough understanding of immigration laws, including specific visa categories, lawful entry requirements, and exceptions like 245(i) or waivers for inadmissibility. Certain issues, such as prior immigration violations, criminal history, or public charge concerns, can make someone ineligible for a green card unless they qualify for a waiver. In many cases, concurrent applications need to be filed simultaneously including but not limited to the Form I-485, Form I-130, and Form I-765 for work authorization. In addition, there are procedural challenges involving extensive documentation and incomplete or incorrect documentation can result in Request for Evidence (RFE) notices or denials.

What’s more, the green card interview requires applicants to present their case clearly and answer questions accurately. A poorly prepared applicant may inadvertently jeopardize their application. In light of the the changing immigration policies in 2025 with a new administration, it is best to seek the advice of an immigration attorney who stays on top of changing immigration policies, immigration laws, policies, and interpretations that often change due to court rulings, executive orders, or USCIS updates.

In some situations, mistakes in the application process can lead to denials, which might result in removal (deportation) proceedings. An experienced immigration attorney helps mitigate such risks by ensuring compliance with laws and regulations.

Wondering how changes in immigration policy could affect your Adjustment of Status application? Not sure what steps to take to avoid denials? Contact HBM Law today to book a consultation with our Adjustment of Status lawyer, Himani Bhardwaj, for guidance on eligibility, required documents, and the entire AOS process. Start your journey with confidence, knowing you’re supported every step of the way.

Introduction to U.S. Citizenship

Are you a permanent resident looking to enjoy even more benefits of living in the United States? Citizenship grants and guarantees you exclusive rights and privileges that are only available to U.S. citizens. However, the path to naturalization can be complex and confusing. Our comprehensive Naturalization guide will clarify the process making your transition from green card to U.S. citizen simple and straightforward.

Understanding U.S. Citizenship Through Naturalization

Citizenship is the legal status that grants you the right to live in a state or country and enjoy all the benefits of being a citizen. Once you become a citizen, the state cannot deport you, giving you a sense of security and permanence.

Your pathway to citizenship can be through birth, deriving it from your parents (even citizenship through parents being naturalized), or through the naturalization process. This guide is designed specifically to help you understand how to become a U.S. citizen through naturalization and break down the naturalization citizenship application.

Naturalization Citizenship Application Process

Naturalization refers to becoming a U.S. citizen even if you were not born in the country or to American parents. The process takes 4.9 months, from the application to the day of taking the oath of allegiance. It formally commences with filling and submitting your N-400 Form.

N-400 Form

You begin your application for U.S. citizenship by filling out Form N-400. You can download it online by creating a free online account. The form contains instructions on how to become a U.S. citizen by naturalization, as well as eligibility.

Application

Dully completed N-400 Form can be submitted online after creating an online account, or sent by mail to the U.S. Citizenship and Naturalization Services (USCIS). You can begin the application process and submit the N-400 form three months (90 days) before the maturity of your eligibility waiting period.

Filing Fee

The filing fee varies with the submission method. You pay $760 when you file by paper (sending your application by mail) and $710 for online submission.

Naturalization Document Checklist

Your N-400 form must be accompanied by supporting documents as proof of eligibility. Here is a document checklist to help you complete your N-400.

• Copy (front and back) of your green card (Permanent Resident Card) for green card holders.
• Proof of application fee payment (attach money order or Personal check with your A-number printed on the back). A credit card authorization (Form G-1450) is also acceptable.
• Proof of current marital status
• 2 passport-style photos if your application is made from abroad.
• Proof of military service for applications based on military services.
• Form N-648 if you seek exemption from citizenship test based on qualifying disability.
• Form G-28 if you will require an attorney during your U.S. citizenship interview.
• Form I-912 if you applied for a fee waiver.
• Form I-942 if you applied for a fee reduction.
• Court records (if applicable)
• Rehabilitation records (if applicable)

Naturalization Citizenship Eligibility Requirements

U.S. citizenship eligibility depends on the category under which the application is made. USCIS uses the following criteria to determine the eligibility of different categories of applicants.

• Number of years you have held your green card. USCIS requires you to have held the green card for a minimum of 5 years. Eligibility drops to 3 years if you are married to a U.S. Citizen.
• The period you have physically lived in the country. Green card holders should have lived in the country for two and a half years. Those married to U.S. citizens are required to have lived in the country for 18 months.
• Whether your military service was during wartime or peacetime

Who Can Apply for U.S. Citizenship?

The USCIS allows you to apply for citizenship if:

• You are at least 18 years old.
• You can read, write, and speak basic English.
• You are of good moral character.

Additionally, since the naturalization interview is conducted by the USCIS field office in the applicant’s state of residence, the applicant must have lived in that state for at least 3 months.

However, if you are married to a U.S. citizen who is employed overseas, you may qualify for expeditious naturalization, which has different requirements. In this case, you do not need to be physically present in the U.S. at the time of your application, as this process allows eligible applicants to complete their naturalization while residing abroad. Read more on our blog post, A Guide to Expeditious Naturalization: For Spouses of U.S. Citizens, that can be another solution to your American dream together, bypassing some of the residency requirements for standard naturalization, while still providing a path to U.S. citizenship.

Benefits of Naturalization

You enjoy the following benefits and protection upon successful application of U.S. citizenship:

• You become eligible to apply for government jobs.
• You qualify for federal benefits available only to citizens.
• You become eligible to vote.
• Citizenship protects you from deportation but can be revoked in exceptional circumstances.

Green Card Vs. Naturalization

While a green card allows you permanent residence, you have limited rights. Unlike a naturalization certificate, a green card does not protect you from deportation. You also don’t have the right to vote or access other rights and privileges only available to citizens.

Naturalization and U.S. Citizenship Experts

While all qualifying persons can apply for U.S. citizenship, the application process is complex. That’s why a naturalization attorney can help you navigate the intricacies of the U.S. citizenship application process. HBM Law is an immigration-focused law firm based in Iowa and our principal attorney, Himani Bhardwaj, has the expertise for U.S. immigration processes. Our team can facilitate applications for foreign nationals who are looking to start their American dreams. We have helped hundreds achieve Naturalization status and are known for being the immigrant’s immigration lawyer handling referrals from the Iowa community with extensive relationships near and far in US immigration agencies and embassies worldwide. Contact us to schedule a consultation or learn more about our naturalization services through Whatsapp or email for your U.S. citizenship application. 

The Expeditious Naturalization Guide Overview

Naturalization is the process of committing to the U.S. as a citizen. Eligible green card holders can apply for naturalization, take an English language and civics test, go through an interview, and ultimately swear the oath of allegiance. For immigrants, it’s the final step towards becoming an American and creating the ideal life they dream of. Naturalization typically requires that you have a green card and continuous residence in the U.S. for five years, or three years if married to a U.S. citizen.

If you are abroad married to a U.S. citizen who is working overseas and you plan to become a U.S. citizen, the expeditious naturalization can be the solution to your American dream together. This post will provide a quick overview of the two main parts of the process and the eligibility requirements.

What is the Difference Between Naturalization and Expeditious Naturalization?

Expeditious naturalization is a special process for spouses of U.S. citizens who are living and working overseas. It helps spouses of U.S. citizens to become citizens more quickly by waiving the usual residency requirements for U.S. citizenship. Section 319(b) of the Immigration and Naturalization Act ensures that your path to U.S. citizenship isn’t hindered, even if your spouse is stationed abroad by the military or a civilian employer.

The expeditious naturalization process can take place before the spouse of the U.S. citizen leaves the country or during a convenient time, such as leave, ensuring that their journey to citizenship is not delayed by their spouse’s overseas assignment. Expeditious naturalization can be a spouse’s ticket to becoming a U.S. citizen with several benefits including:

• The ability to vote
• The ability to travel freely with a U.S. passport and enter and exit the country without restrictions
• Faster reunification of families

Eligibility for Expeditious Naturalization

Before submitting the application, you must see if you are eligible or not. You will still need to be a lawful permanent resident (green card holder) and must be married to a U.S. citizen. You are not required to have lived together, but must show an intent to do so.

The U.S. citizen spouse, your husband or wife, must be employed (not as an independent contractor or owner-employee) by one of the following:

• The U.S. government, including the military
• An American firm or corporation engaged in the development of foreign trade and commerce of the United States, or a subsidiary
• An American research institution
• A public international organization in which the U.S. participates, such as the World Health Organization
• A religious denomination or interdenominational mission organization with an organization within the U.S.

In other words, U.S. citizens working overseas for foreign companies don’t count, nor do “digital nomads”. You must be in the United States for the naturalization interview and the oath ceremony and depart no later than 45 days afterwards to live with your spouse unless they are restricted from doing so. One example is if your spouse is currently in a war zone. He or she will also have to declare that they will return to the United States with you once the employment or duty ends.

How the Application Process Works

There are several ways the application submission works. You might be breathing a sigh of relief when you hear you don’t need to be in the United States to submit the application.

1. Submit the N-400 Form.

• The required form is the N-400 and the fee is $710 online or $760 by mail. If applying from overseas or online you will need to get yourself fingerprinted and provide necessary documentation. You also have the option to do the biometrics in the United States or the Embassy in your location depending on where you are.
• Your spouse’s employer may offer naturalization assistance. This is especially if he or she works for the government.

2. Naturalization Interview in the U.S.

• Once the application is submitted, you must be ready to be in the United States for your interview. You can be interviewed at any USCIS office, but should find one that routinely processes 319(b) applications. Some employers may recommend a specific office to complete the interview.
• Your interview will be scheduled as soon as the background check is completed. You may request specific dates, but there’s no guarantee that you’ll get those dates. It will include the same testing requirement as any other naturalization interview. The interview is a test of your English language skills with reading, writing, and speaking sections. There will also be a civic exam evaluating your knowledge of U.S. history and government.

3. Receive Certificate of Naturalization based on Expeditious Naturalization.

• The naturalization oath ceremony will typically take place on the same day or one day after the interview for some offices, without the normal waiting period, because of the 45 day departure requirement. This can be beneficial for couples who want this done within one trip to the United States. You will officially become a U.S. citizen upon taking the oath and be issued a naturalization certificate.
• You can apply for a U.S. passport and update your social security number. While you are no longer subject to residency requirements for naturalization, we recommend you to continue maintaining ties to the United States.

Reach Out to HBM Law for Expeditious Naturalization Services

What if you could approach your expeditious naturalization process with confidence, knowing all the right things and answers? Imagine feeling prepared and ready. Navigating this process is overwhelming, especially if you’re doing so from overseas (and potentially worried about losing your permanent residency status due to abandonment). You will require an experienced immigration lawyer by your side. 

If you think you or your spouse may be eligible for expeditious naturalization, schedule a consultation with our immigration law attorney, Principal Attorney Himani Bhardwaj and contact HMB Law for legal advice and assistance. We know how complicated U.S. immigration law is from personal experience, and will support you through the process.