Adjustment of Status Processing Time: What to Expect

January 27, 2025

At Law Offices of Jeffrey A. Thompson, we understand the importance of knowing what to expect during the Adjustment of Status process.

The Adjustment of Status processing time can vary significantly, causing uncertainty for many applicants. In this post, we’ll break down the factors that influence processing times and provide insights to help you navigate this complex journey.

We’ll also share practical tips to potentially speed up your application and explain what steps to take if your case experiences unexpected delays.

What is Adjustment of Status?

Definition and Purpose

Adjustment of Status (AOS) is a pivotal process in U.S. immigration law. It allows eligible individuals to apply for lawful permanent resident status (green card) without leaving the United States. The core purpose of AOS is to transition from a temporary immigration status to permanent residency.

Eligibility Requirements

Not everyone qualifies for AOS. Applicants must meet specific criteria:

  1. Physical presence in the U.S.
  2. Legal entry into the country
  3. Immediate availability of an immigrant visa
  4. Admissibility to the U.S.
Infographic: Who qualifies for Adjustment of Status?

It’s important to note that certain individuals who entered without inspection may still qualify under specific circumstances (such as those protected under 245(i) of the Immigration and Nationality Act).

Common Reasons for AOS Applications

People pursue AOS for various reasons:

  1. Family-based immigration: U.S. citizens or permanent residents petition for their immediate relatives.
  2. Employment-based immigration: Employers sponsor skilled workers for permanent positions in the U.S.
  3. Refugee and asylee adjustment: After one year in the U.S., refugees and asylees can apply for AOS.
  4. Diversity visa lottery winners: Those already in the U.S. may adjust their status.

The AOS Process Overview

The AOS process involves filing Form I-485 with U.S. Citizenship and Immigration Services (USCIS). This comprehensive form requires substantial supporting documentation. Applicants should prepare to provide:

  1. Proof of eligibility
  2. Medical examination results
  3. Biometric information
  4. Evidence of financial support

Processing times for Form I-485 vary widely. Applicants can check case processing times by selecting their form, form category, and the office processing their case on the USCIS website.

The Law Offices of Jeffrey A. Thompson has observed that well-prepared applications often move through the system more quickly. Attention to detail in documentation and prompt responses to any Requests for Evidence (RFEs) can significantly impact processing times.

As we move forward, it’s essential to understand the factors that influence these processing times. Let’s explore the various elements that can affect how long your AOS application might take.

What Impacts AOS Processing Time?

USCIS Workload and Policy Changes

The U.S. Citizenship and Immigration Services (USCIS) workload fluctuates based on application volume and policy shifts. USCIS receives and processes millions of forms across all immigration benefits, with AOS applications comprising a significant portion. This high volume often results in longer processing times.

Infographic: How Long Does AOS Processing Take? - adjustment of status processing time

Policy changes also affect timelines significantly. For example, the implementation of the public charge rule in 2020 temporarily increased processing times for many AOS applications. Although this rule was later rescinded, it illustrates how policy shifts can impact timelines.

Case Complexity and Individual Circumstances

AOS cases vary in complexity. Employment-based cases typically take longer than family-based ones due to additional labor certification requirements. According to USCIS data, processing times for various forms can be found in their historical national median processing time reports.

Individual circumstances can complicate cases further. Applicants with past immigration violations or criminal records may face additional scrutiny, which extends their processing times. Cases involving waivers for inadmissibility grounds can add several months to the process.

Geographic Variations

The location where you file your AOS application significantly impacts processing times. USCIS field offices and service centers have varying workloads and staffing levels.

To address these geographic disparities, USCIS occasionally transfers cases between service centers. However, this can sometimes lead to temporary delays as files move physically and new officers familiarize themselves with the cases.

Application Completeness and Accuracy

The thoroughness and accuracy of your AOS application package can significantly influence processing times. Incomplete or inaccurate submissions often result in Requests for Evidence (RFEs), which can add months to the process.

To avoid these delays, submit a comprehensive, well-organized application package. This includes all required forms, supporting documents, and the correct filing fees. A meticulously reviewed application (by an experienced immigration attorney) can significantly reduce the likelihood of RFEs and associated delays.

As we move forward, it’s important to understand the current processing times and what applicants can expect during their AOS journey. Let’s explore these aspects in more detail in the next section.

How Long Will Your AOS Application Take?

Understanding Average Processing Times

As of January 2025, USCIS reports historical national median processing times for all USCIS offices for select forms by fiscal year, up to December 31, 2024. These timeframes can fluctuate based on the specific category of your application.

Infographic: How Long Does AOS Processing Take in 2025?

Family-based AOS applications typically process faster than employment-based ones. Immediate relatives of U.S. citizens often see their cases resolved more quickly, while employment-based categories can take longer. These timelines are not set in stone and can change based on USCIS workload and policy shifts.

Tracking Your AOS Application

USCIS provides tools to help you stay informed about your case status. The most direct method is using the Case Status Online tool on the USCIS website. You’ll need your receipt number, which you received when USCIS accepted your application. This unique 13-character identifier starts with three letters followed by 10 numbers.

Another useful resource is the USCIS processing times page. Here, you can check the current processing times for your specific form type and field office or service center. This gives you a general idea of how long similar cases take to process.

Common Causes of AOS Delays

Several factors can extend your AOS processing time beyond the average:

  1. Incomplete or inaccurate applications
  2. Background check delays
  3. Requests for Evidence (RFEs)
  4. High volume of applications in your category
  5. Changes in USCIS policies or procedures

RFEs are a common cause of delays. These requests often stem from missing documents or unclear information in the initial application. Respond promptly and thoroughly to an RFE to minimize delays.

What to Do When Your Case Exceeds Normal Processing Times

If your case has been pending longer than the posted processing times, you have options. First, you can submit an e-request through the USCIS website. This alerts USCIS that your case is outside normal processing times and may prompt them to take action.

If the e-request doesn’t yield results, consider reaching out to the USCIS Contact Center. They may provide additional information or escalate your case if necessary.

For cases significantly outside normal processing times, contact your local congressional representative. Many congressional offices have staff dedicated to helping constituents with immigration matters.

In rare cases where all other avenues have been exhausted, file a mandamus lawsuit in federal court to compel USCIS to make a decision on your case. However, consider this a last resort and only pursue it with expert legal guidance (such as that provided by the Law Offices of Jeffrey A. Thompson).

Final Thoughts

The Adjustment of Status process requires patience and meticulous preparation. Applicants must fill out forms accurately, gather comprehensive documentation, and respond promptly to USCIS requests. The adjustment of status processing time varies based on factors such as USCIS workload, case complexity, and geographic location.

Infographic: How to Speed Up Your AOS Application? - adjustment of status processing time

Applicants should track their case status regularly and keep their contact information up-to-date to prevent unnecessary delays. USCIS processes thousands of applications, and each case receives thorough review. Utilizing available resources, such as the USCIS website and case status tools, will provide peace of mind during the waiting period.

Law Offices of Jeffrey A. Thompson offers comprehensive immigration services for those seeking expert guidance. Our experienced team understands the nuances of immigration law and can provide personalized support (from initial filing to addressing potential complications). We strive to help you achieve your immigration goals with confidence and clarity.

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