Understanding Adjustment of Status (AOS)
Adjustment of Status (AOS) is one of two primary methods for applying for lawful permanent resident status (green card) in the United States. It allows eligible applicants who are already in the United States to change their immigration status to become permanent residents without returning to their country of origin. The other method, consular processing, involves applying through a U.S. Embassy or Consulate abroad.
Applicants filing AOS must submit Form I-485 (Application to Register Permanent Residence or Adjust Status) along with supporting documentation, photographs, medical examination (Form I-693), and police clearance documents. The application triggers an automatic work authorization (Employment Authorization Document) and travel document (Advance Parole) under the concept of "work authorization pending," allowing applicants to legally work and travel while their case is pending.
The AOS Process and Timeline
The Adjustment of Status process begins with the filing of Form I-485 at a USCIS Service Center. Processing times vary significantly by jurisdiction, immigration category, and individual circumstances. On average, AOS cases take between 12 to 24 months to complete, though some categories and service centers process cases much faster. During this period, applicants attend biometric appointment (fingerprinting), background check interviews, and may undergo a Requests for Evidence (RFE) or additional documentation if the officer has questions about their application.
Processing times have fluctuated significantly in recent years due to staffing levels, policy changes, and application volumes. Premium processing (where available) can reduce timelines to 45 days, though not all visa categories qualify. The timeline calculation in this calculator accounts for typical processing patterns, though individual cases may vary based on complexity and circumstances.
Fees and Costs Associated with AOS
The primary filing fee for Form I-485 (Adjustment of Status application) is $640 as of 2024. Additionally, applicants must pay a biometric services fee of $85 (fingerprinting). Dependents and beneficiaries have different fee structures. Some applicants may qualify for fee reductions or waivers based on income eligibility (at or below 200-400% of the federal poverty guideline).
Beyond USCIS fees, applicants must also account for the civil surgeon's medical examination fee (Form I-693), which typically ranges from $300 to $800 depending on the doctor and location. Police clearance certificates and international document translation fees add to the overall cost. These supplementary costs are not included in the calculator's base USCIS fee calculation but are important to plan for.
Fee and Timeline Formula
The total AOS cost and processing timeline depend on several factors:
Processing timeline varies by National Benefit Center (NBC) or local Service Center, visa category priority date currency, and background check complexity. The calculator provides estimates based on USCIS published processing times, which are regularly updated on the USCIS website.
Worked Example: Family-Sponsored AOS
Scenario: Maria is filing AOS as a family-sponsored beneficiary through her U.S. citizen spouse. She is filing Form I-485 without dependents.
Step 1: Identify applicable fees:
- Form I-485 Filing Fee: $640
- Biometric Services Fee: $85
- Number of Dependents: 0
Step 2: Calculate total USCIS fees:
Total USCIS Fee = $640 + $85 + ($0) = $725
Step 3: Estimate processing timeline:
For family-sponsored cases at the Texas Service Center: 18-22 months typical processing time
Step 4: Account for additional costs:
- Medical examination (I-693): $500
- Police clearance documents: $50
- Document translation services: $200
- Attorney fees (if applicable): varies
Total Estimated Cost: $1,475 to $2,000+ (including supplementary costs)
Eligibility and Important Considerations
Not all applicants can file AOS. To be eligible for Adjustment of Status, an applicant must generally: (1) have an approved petition or available visa number, (2) have been inspected and admitted or paroled into the United States, (3) not have been admitted in a non-immigrant status that prohibits adjustment, and (4) have paid or be exempt from the I-539 fee if filing with dependents. Some visa categories, such as H-1B and L-1, allow AOS filing; others do not without returning home first.
Processing Time Variations
Processing times vary significantly by:
- Service Center: NBC, TSC, CSC, and VSC have different processing speeds
- Visa Category: Family-sponsored, employment-based, and special immigrant categories have different timelines
- Background Clearances: Security and background checks can add months
- RFE Requests: Requests for Evidence may extend processing by 2-6 months
- Biometric Appointment Scheduling: Delays in scheduling can extend overall timeline
Limitations and Disclaimers
The fees and timelines provided by this calculator are estimates based on current USCIS fee schedules and historically observed processing times. Actual fees may increase due to USCIS fee adjustments, and processing times can vary significantly from estimates due to individual circumstances, service center workloads, and policy changes. This calculator does not include supplementary costs such as medical examinations, police clearances, translation services, or attorney fees. Applicants should consult official USCIS sources and immigration attorneys for current, case-specific information.
Regional Processing Center Variations and Backlogs
USCIS processing times vary dramatically by service center jurisdiction and field office workload. The National Benefits Center (NBC) in Lee's Summit, Missouri handles the majority of family-based and employment-based I-485 applications, with average processing times of 14-20 months for most categories as of 2024. However, cases requiring in-person interviews are transferred to local field offices, where backlogs vary significantly. The New York City field office processes I-485 interviews in 18-28 months on average, while the San Francisco field office averages 12-16 months, and smaller offices like Des Moines or Omaha may process cases in 8-12 months.
Employment-based cases filed through premium processing at service centers (Texas, California, Vermont, Nebraska) see dramatically faster initial petition processing (15 days for I-140), but the subsequent I-485 adjustment still follows standard timelines at NBC. This creates a two-stage timeline: fast petition approval followed by normal AOS processing. Applicants in backlogged field offices can sometimes request inter-office transfers if relocating, though USCIS approval for such transfers is discretionary and inconsistent.
Per-country visa quotas create additional complications for applicants from high-demand countries. India and China face severe employment-based green card backlogs, with EB-2 and EB-3 categories showing 5-15 year wait times before priority dates become current and AOS can be filed. During this waiting period, applicants remain in temporary status (H-1B, L-1) and cannot file I-485, making timeline prediction nearly impossible. The calculator's timelines assume priority dates are current; applicants should check the monthly Visa Bulletin for actual availability.
Immigration Attorney Services and Consultation Costs
Immigration attorneys provide critical support for AOS applications, particularly for complex cases involving prior visa denials, criminal records, unlawful presence waivers, or employment-based categories requiring labor certification. Attorney fees for I-485 preparation and filing range from $1,500-$4,000 for straightforward family-based cases to $5,000-$10,000 for complex employment-based cases requiring extensive documentation, Response to RFE preparation, or appeal representation.
Full-service immigration law firms offer package pricing that includes all related forms: I-485 (AOS), I-765 (work permit), I-131 (travel document), and I-864 (affidavit of support). These packages typically cost $3,000-$6,000 for family-based cases and $6,000-$12,000 for employment-based cases. The investment can be worthwhileโattorney-prepared applications have significantly lower RFE (Request for Evidence) rates (15-20% versus 35-45% for self-prepared applications) and faster approval rates. RFEs extend processing timelines by 3-6 months and may require additional attorney fees of $800-$2,000 to respond.
Limited-scope consultations offer cost-effective alternatives for DIY applicants. Immigration attorneys provide one-hour consultations for $200-$400 to review forms, identify red flags, and provide strategic guidance without full representation. Document review services ($500-$1,200) allow attorneys to check completed applications for errors before filing. These hybrid approaches reduce costs while maintaining professional oversight, particularly valuable for applicants with straightforward cases but limited immigration law knowledge.
Comparative Analysis: AOS vs. Consular Processing
Applicants eligible for green cards often face a strategic decision: file Adjustment of Status (if in the U.S.) or pursue Consular Processing (from abroad). AOS offers the advantage of remaining in the United States throughout processing, continuing work and family life without disruption. Processing times average 12-24 months, during which work authorization and travel permits allow normal activities. However, AOS applicants who travel internationally without Advance Parole risk abandoning their application, and any unlawful presence issues cannot be cured without waivers.
Consular Processing through U.S. embassies abroad can be faster for certain categoriesโ6-12 months for some family-based cases versus 18-24 months for AOS. Applicants living abroad or in temporary U.S. status nearing expiration may prefer consular processing to avoid visa status complications. However, consular processing requires the applicant to return to their home country for the visa interview, creating potential disruption to U.S. employment, children's schooling, and family stability. If the visa is denied at interview, the applicant is stranded abroad with no immediate path to return to the U.S.
Cost comparisons favor AOS for applicants already in the United States. Consular processing involves similar USCIS fees ($725-$1,200) plus Department of State visa processing fees ($325), medical examination abroad ($200-$600 depending on country), and international travel costs ($1,000-$3,000 for flights and accommodation). Total consular processing costs typically run $2,500-$5,000 versus $1,500-$3,500 for AOS. The primary advantage of consular processing is speed and certainty for straightforward cases without complicationsโembassies typically issue immigrant visas within 2-4 weeks after interview approval versus 30-60 days for AOS card production.
Policy Changes and Fee Increases: Historical Trends and Future Outlook
USCIS fee structures have increased substantially over the past two decades. In 2005, the I-485 filing fee was $325 (plus $70 biometric fee); by 2024, it reached $640 (plus $85 biometric fee)โa 97% increase over 19 years, far exceeding inflation (51% over the same period). The Biden administration proposed a major fee restructuring in 2024 that would increase I-485 fees to $1,140-$1,540 depending on category, with implementation expected in 2025-2026. Applicants should monitor USCIS announcements and consider timing applications before fee increases take effect.
Processing time trends show concerning increases in recent years. Average I-485 processing times were 6-9 months in 2016-2017 but extended to 18-24 months by 2022-2024 due to pandemic backlogs, reduced staffing, and increased application volumes. USCIS has committed to reducing backlogs through hiring initiatives and technology improvements, with target processing times of 10-12 months for most I-485 categories by 2026. However, previous backlog reduction initiatives have had mixed success, and applicants should plan conservatively assuming current or longer timelines.
Policy shifts under different presidential administrations significantly impact AOS timelines. The Trump administration (2017-2021) implemented heightened scrutiny policies including increased RFE rates (rising from 25% to 45% for employment-based cases), expanded in-person interview requirements, and "administrative processing" delays that extended timelines by 6-12 months. The Biden administration (2021-present) has reduced RFE rates and interview requirements, shortening timelines somewhat. However, future administrations may reimpose restrictive policies, creating uncertainty for long-term timeline planning. Applicants in pending status should monitor executive orders and USCIS policy memoranda that can alter processing standards without congressional action.