In the United States immigration system, adjustment of status (AOS) is the process that allows eligible foreigners to apply for permanent residency, one of the main benefits offered by U.S. Citizenship and Immigration Services (USCIS). The process is more commonly known as “getting a green card,” and it’s managed under the assumption that applicants intend to lawfully stay in the U.S. As a bureaucratic process that has become bogged down by political and administrative challenges over the years, AOS features bottlenecks, pitfalls, and delays that immigration law firms handle for many clients.
Who Is Eligible for AOS?
The eligibility criteria for AOS aren’t uniform. However, admissibility, lawful entry, and physical presence are the most prominent requirements. Admissibility is a legal qualification promulgated by the Immigration and Nationality Act (INA) and federal rules that can change based on the political climate at the executive level. It’s determined by public safety concerns, background investigations, health conditions, and financial status. Lawful entry refers to the inspection and processing of applicants by federal agents at ports of entry such as airports and border crossing checkpoints. Physical presence means applicants are in the U.S. at the time the AOS petition is submitted to USCIS.
What Are the Timelines for AOS Processing?
Current AOS timelines vary according to visa availability, category, and USCIS field office backlogs. In August 2026, the USCIS Case Processing Times website estimated that 80 percent of AOS applications were adjudicated within 12 months under the family-based immigration category at the San Diego Field Office. Based on our marriage cases filed in 2026, interviews have actually occurred in 4-6 months. Employment-based AOS cases at the USCIS California Service Center were completed within 80 months. Depending on various circumstances, applicants can request employment authorization documents (EADs) and travel permits while they wait for adjudication.
What Are Common AOS Pitfalls?
Incomplete forms, failing to provide required supporting evidence, conflicting information, and errors on the financial Affidavit of Support are the most common issues. Some applicants face delays or denials when they miss filing fee changes, fail to disclose complete immigration histories, or travel abroad without obtaining an advance parole authorization. Immigration law firms help applicants navigate these pitfalls by evaluating cases before applying for AOS, identifying potential grounds of inadmissibility, and ensuring all documents meet federal standards.
Must AOS Applicants Retain Immigration Law Firms?
They’re not legally required to do so because the AOS process ostensibly features a self-filing workflow. However, many applicants retain immigration attorneys to help them with complex situations such as past visa violations, criminal histories, or prior inadmissibility determinations. Finding the best San Diego immigration lawyer for your situation often comes down to identifying an attorney experienced with your specific case type, whether that involves family-based petitions, employment-based categories, or prior inadmissibility issues. In many cases, lawyers help clients navigate the process by ensuring forms are filled accurately, meeting strict filing criteria, and preparing for USCIS interviews.
Navigating adjustment of status can be complicated, and even small errors can lead to delays or denials. The team at KS Visa Law helps applicants understand their eligibility, prepare accurate documentation, and avoid common pitfalls throughout the process. If you’re searching for San Diego immigration lawyers to guide you through your AOS application, contact KS Visa Law today to discuss your case.
Frequently Asked Questions
Is AOS easier for family-based immigration visa applicants?
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Yes, it’s easier in many situations because applicants can bypass visa quotas and waiting lists. Moreover, they can be granted exemptions based on good moral character.
Can I apply for AOS under the H-1B visa program?
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Although the H-1B visa for skilled workers falls under the nonimmigrant category, eligible foreigners can apply for AOS when visas become available for their specific groups.
Can I travel outside the U.S. while waiting for AOS approval?
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Only if you receive an advance parole authorization before departure. Some exceptions apply to applicants with specific nonimmigrant visas.
What’s the cost of AOS applications?
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The 2026 filing fee is $1,440 for most adults. Children under 14 can file with a parent for $950. Additional costs include medical examinations, EAD requests, and travel authorizations.
