Each month, DOS issues two charts in the monthly Visa Bulletin (“Dates for Filing” chart and “Final Action Dates” chart) at https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html. USCIS then determines which chart it will use to accept AOS applications for that month. See www.uscis.gov/visabulletininfo.
You are only eligible to file your AOS application if the chart USCIS opts to use for that month shows that your Priority Date is current. To be current, the date listed on the chart USCIS chooses (whether the “Dates for Filing” or the “Final Action Dates” chart) must be beyond your Priority Date. For example, if your Priority Date is January 15, 2015, the date listed on the applicable chart for that month must be January 16, 2015, or later.
My Priority Date will be current next month. How do I start my AOS application?Once the USCIS Adjustment of Status Filing chart is released (www.uscis.gov/visabulletininfo), our office runs a report of all eligible clients. Please allow our office 3-5 business days to complete this report and contact all eligible clients (this timeframe may be slightly longer during high-volume months).
Once the report is complete, we will contact you via email with detailed instructions, including document requirements. Please hold all questions and refrain from providing our office with your supporting documents until your AOS Case Manager has initiated your application via email.
In the meantime, please refer to this FAQs page for commonly asked questions.
Can my Spouse and Children apply with me?Yes, as long as they are physically present in the United States at the time of filing. There are certain restrictions for adult children who are over 21 years old, or those close to becoming 21. If you have questions regarding adult children, please contact your Attorney.
NOTE: If your child was born in the United States, there is no need to include them in the AOS application since they are already U.S. citizens. However, you will need to provide a copy of their US birth certificate with your supporting documents. You will also need to provide information about all US-born children in your online questionnaires.
What is the process after my AOS application has been initiated?You (and any dependents) will be provided with online questionnaires to complete, along with a link to upload your supporting documents. Once all questionnaires and documents have been submitted, our office will prepare your AOS application forms. AOS form preparation will take approximately 10-15 business days.
Once your AOS forms are completed, they will be emailed to you to review, print, and sign. You will then need to ship the original, signed forms to our office via mail courier for filing with USCIS. Upon receipt of your signed forms, our office will file your AOS application with USCIS within five (5) business days ( this timeframe may be slightly longer during high-volume months ).
How long does the AOS application process take?Current USCIS processing time for the AOS application is 12-18+ months. USCIS processing times are subject to change.
In addition, your Priority Date must be current under the “Final Action Dates” chart on the Department of State’s Visa Bulletin (see https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) for your AOS case to be approved.
You can view the current USCIS processing times at https://egov.uscis.gov/processing-times.
Can I file my AOS application with Premium Processing?No. USCIS does not allow Premium Processing for the AOS application, and there is no other way to expedite the AOS processing time .
If you file the AOS application concurrently with an I-140 petition, you may file the I-140 petition with Premium Processing only. However, this will not impact the AOS processing time.
Do I need to be in the United States when my AOS application is filed?Yes. All applicants must be physically present in the United States on the date that USCIS receives the AOS application.
NOTE: If you (or your family members) are outside the United States, you may have the option to file your green card application while abroad via “Consular Processing”. Please contact your attorney if you have questions about filing the green card application while outside the United States.
What is EAD and AP? Am I eligible to file EAD and AP applications with my AOS application?All applicants are eligible to file for an Employment Authorization Document (EAD card) and Advance Parole Travel Document (AP Document) along with their AOS application. Please note that additional USCIS filing fees will apply to EAD and AP applications, which may be an out-of-pocket expense, depending on your employer's immigration policy.
Once approved, the EAD and AP documents will provide applicants with work and travel authorization while their AOS application remains pending.
For those with existing employment authorization (such as valid H, L status, etc.) or travel authorization (such as a valid H or L visa), the EAD/AP documents will serve as backup work and travel authorization in the event you are unable to maintain or extend your underlying NIV status in the future.
NOTE: See “ Can I travel while my AOS application is pending? ” for additional information about traveling while the AOS application is pending, and how this may impact your AP application.
When will I receive my EAD/AP documents?The average USCIS processing time for the EAD/AP applications is currently anywhere from 2 to 10 months from the date of filing. Please note that USCIS processing times are subject to change.
Please see https://egov.uscis.gov/processing-times for the most current USCIS processing times.
Can I travel while my AOS application is pending?International travel while the AOS application is pending
If you travel anywhere outside the U.S. while your I-485 (AOS) application is pending (including brief visits to Canada or Mexico), your I-485 application will be deemed abandoned and will be denied unless:
International travel while the Advance Parole (AP) application is pending
USCIS will deny your I-131 (AP) application if you depart the U.S. prior to the approval of the AP application (including brief visits to Canada or Mexico) unless you have an existing AP document prior to your departure and you return to the United States within the validity of the existing AP document. Any other travel while the AP application is pending, including travel on a valid visa (such as H or L visa), will result in a denial of the AP application.
If your AP application is denied due to international travel, you may re-file the AP application once you return to the U.S. (and are able to remain in the U.S. until approval). However, please note that additional AP legal fees will apply for any re-filing. If you anticipate traveling outside the U.S. in the next 5-6 months, please notify us immediately. Denial of your AP application does not affect your EAD application.
Do I need a Medical Exam for the AOS application?Yes. All applicants (including children) must submit a medical exam completed by a USCIS-certified physician (see https://www.uscis.gov/tools/find-a-civil-surgeon).
You will be provided with information about the Medical Exam requirements when your AOS case has been initiated by our Firm. Please do not attend your medical exam until your AOS case has been initiated.
NOTE: The medical exam can either be submitted together with your AOS application, or it can be submitted later, in response to a USCIS Request for Evidence or at the time of your in-person interview. However, if you choose not to submit your medical exam with the initial AOS application, this may cause a slight increase in the overall AOS case processing time. Please notify your AOS Case Manager if you wish to submit your medical exam at a later date.
Do I need to provide original documents for the AOS application, or can I provide copies?You may provide scanned copies of all supporting documents for the AOS application, except for your sealed medical exam, passport-type photos, and signed AOS forms, which must be originals. Further information about document requirements will be provided when your AOS case is initiated.
NOTE: If you are scheduled for an in-person interview by USCIS as part of the AOS application process, you will then need to bring the originals of all supporting documents to the interview.
I have documents that are not in English. Do I need to provide English translations?Yes. USCIS will require a complete English translation of all non-English documents, including documents containing only a partial English translation.
You can have a friend, co-worker, or family-member (anyone not listed on the document or included in your application) complete the translation. We recommend the translator be someone who is currently residing in the United States.
All English translations (whether issued by a translator or a government office) must include a certificate of translation page, verifying the translator’s full name, address, fluency in both languages, and confirming the English translation is accurate. You will be provided with a template for the certificate of translation when your AOS case is initiated.
If you are not able to obtain an English translation (including the required certificate of translation), please inform your Case Manager once your AOS case has been initiated, and we can send the document to a translation company (translation fees will apply).
My Priority Date is current under the Dates for Filing chart, but USCIS determined that it is using the Final Action Dates chart. Can I still file my AOS application?
No. In this scenario, you are only eligible to file the AOS application if your Priority Date is current under the Final Action Dates chart.
The Priority Date for EB-3 is ahead of EB-2 in the Visa Bulletin. My I-140 was filed in the EB-2 category. Can I use the EB-3 date to file my AOS application?
This may be possible. For further information, please see our separate FAQs regarding EB-3 “Downgrades” at https://www.immigrationlawgroup.net/faqI140eb3.
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