Introduction
Adjusting your status to become a lawful permanent resident (green card holder) in the United States is a significant milestone. For immigrants in New York, understanding the Adjustment of Status (AOS) process is crucial to ensure a smooth transition. This guide provides a comprehensive overview of the AOS process, eligibility criteria, application steps, and recent updates affecting applicants in New York.
What Is Adjustment of Status?
Adjustment of Status allows eligible individuals already in the U.S. to apply for permanent residency without returning to their home country. This process is particularly beneficial for those who have entered the U.S. legally and wish to change their status without leaving the country.
Eligibility Criteria
To be eligible for AOS, applicants must meet the following requirements:
- Lawful Entry: Must have been inspected and admitted or paroled into the U.S.
- Immigrant Visa Availability: An immigrant visa must be immediately available at the time of filing.
- Admissibility: Must be admissible to the U.S. or qualify for a waiver of inadmissibility.
- Continuous Presence: Generally, applicants should have been continuously present in the U.S. for at least one year.
- Form I-765: Application for Employment Authorization.
- Form I-131: Application for Travel Document (Advance Parole).
- Form I-864: Affidavit of Support (for most family-based cases).
- Form I-693: Report of Medical Examination and Vaccination Record.
- Family-Based AOS: 8.2 months.
- Employment-Based AOS: 7.1 months. (gendelberglaw.com)
- Parole in Place for Certain Undocumented Spouses: In June 2024, the Department of Homeland Security announced a new process to help certain noncitizen spouses and children apply for lawful permanent residence without leaving the country. (nyic.org)
- 1% Remittance Tax on Physical Money Transfers: Starting December 31, 2025, a new federal 1% remittance tax will apply to physical money transfers made by immigrants, including Green Card Holders. (visaverge.com)
- Stay Updated: Regularly check the USCIS website for the latest forms and instructions.
- Consult Professionals: Consider seeking advice from immigration attorneys or accredited representatives to navigate complex cases.
- Respond Promptly: Timely responses to USCIS notices are crucial to avoid delays or denials. (consultantlm.com)
- Form I-485 Filing Fee: $1,440 for adults; $950 for children under 14 filing with a parent.
- Median Processing Times: 8.2 months for family-based AOS; 7.1 months for employment-based AOS.
- Parole in Place Program: Introduced in June 2024 to assist certain noncitizen spouses and children in applying for permanent residency without leaving the U.S.
- VisaVerge, 2025/12/31/uscis-rules-green-card-holders-effective-may-2025/
- USCIS Guide, 2025/12/31/adjustment-of-status-services-in-new-york/
- Consultant LM, 2025/12/31/adjustment-of-status-process-2025-how-to-avoid-delays-and-get-your-green-card-approved/
- Shautsova Law, 2025/06/09/adjustment-of-status-explained-your-path-to-a-green-card-without-leaving-the-u-s/
- Gendelberg Law, 2025/12/31/uscis-processing-times-in-2025-what-adjustment-of-status-applicants-can-expect/
- ILRC, 2024/10/01/family-based-adjustment-of-status-options/
- USCIS, 2025/12/31/adjustment-of-status-faqs/
- USCIS, 2025/12/31/adjustment-of-status-faqs/
Application Process
The AOS process involves several key steps:
1. File Form I-485
Submit Form I-485, Application to Register Permanent Residence or Adjust Status, to U.S. Citizenship and Immigration Services (USCIS). As of August 29, 2025, the filing fee for Form I-485 is $1,440 for most adults and $950 for children under 14 filing with a parent. (uslawcenteronline.com)
2. Include Supplementary Forms
Depending on your situation, you may need to file additional forms:
Note that USCIS now requires Form I-693 to be submitted with Form I-485. The medical examination must be conducted by a civil surgeon after November 1, 2023, and the form must be signed accordingly. (visaverge.com)
3. Attend Biometrics Appointment
After filing, USCIS will schedule a biometrics appointment for fingerprinting and photographing at a local Application Support Center.
4. USCIS Interview
Most AOS applicants are required to attend an interview at a USCIS field office. For marriage-based cases, both spouses must attend. The officer will review your documentation and verify the legitimacy of your relationship or employment. (shautsova.com)
5. Receive Decision
If approved, USCIS will mail your green card directly to you. If denied, you will receive a notice explaining the reasons and may have the option to appeal or reapply.
Processing Times
Processing times can vary based on the type of application and the USCIS office handling your case. As of 2025, the median processing times are approximately:
Recent Updates Affecting New York Applicants
Staying informed about recent policy changes is essential:
Tips for a Successful Application
Conclusion
Navigating the Adjustment of Status process in New York requires careful planning and attention to detail. By understanding the eligibility criteria, following the application steps diligently, and staying informed about recent updates, you can enhance your chances of a successful outcome. Remember, while the process can be complex, resources and support are available to assist you every step of the way.