top of page

Change of Status & Adjustment of Status

What Is the Difference?

It's important to understand the distinction between these two processes:

Change of Status (COS): Switching from one nonimmigrant visa category to another while remaining in the United States.

Adjustment of Status (AOS): Applying for lawful permanent residency (a green card) from within the United States.In both cases, the applicant must meet specific eligibility criteria, and each process has its own procedures and forms.

 

1. Change of Status

Change of Status (COS) is the process of changing from one nonimmigrant visa status to another category while in the United States. To apply for a COS, you or your employer must file an application with U.S. Citizenship and Immigration Services (USCIS) before your authorized stay expires.

 

In general, to apply for a COS, you need to meet at least the following criteria:

  • You were lawfully admitted to the United States in a nonimmigrant status.

  • Your nonimmigrant status is still valid.

  • You have not violated the conditions of your status.

  • You have not committed any crimes or acts that would make you ineligible.

 

You can apply for a COS if you are currently in the United States in a valid nonimmigrant status.

 

2. Adjustment of Status

Adjustment of Status (AOS) allows individuals already in the United States to seek lawful permanent residency — commonly known as obtaining a Green Card. This process can enable you to secure a Green Card without returning to your home country for visa processing. If you are currently outside the United States, you will instead need to undergo consular processing abroad to obtain your immigrant visa.Please note that recent USCIS policy has made adjustment of status subject to heightened discretionary review.

 

We strongly recommend reviewing our 2026 policy update below — and speaking with an attorney — before deciding between adjustment of status and consular processing.While many people apply for adjustment of status through family-based or employment-based channels, a wide range of categories and paths exist.

 

We assist applicants across many situations, including:Immediate relatives of U.S. citizensEmployment-based applicantsRefugees and asylees seeking to become permanent residentsAnd many other specific categories.

 

Our Services Include:

  • Eligibility Assessment — Confirming you meet all requirements to adjust your status.

  • Document Preparation — Gathering the necessary documentation, completing forms, and preparing a comprehensive application package.

  • Interview Preparation — Guiding you through potential interview questions and ensuring you are fully prepared for your USCIS interview.

  • Continuous Support — Answering any questions or concerns throughout the process.

  • Follow-up Services — Assisting with post-decision matters, including the receipt of your Green Card.

 

Important 2026 Update: Adjustment of Status Now Faces Heightened Discretionary Review

In May 2026, USCIS issued Policy Memorandum PM-602-0199, reframing adjustment of status as an "extraordinary" matter of discretion and administrative grace rather than a routine outcome for those who qualify. In an accompanying announcement, USCIS stated that a green card will be granted from within the United States "only in extraordinary circumstances," and that many applicants are expected to pursue an immigrant visa through consular processing from abroad.

 

What this means in practice: Meeting the eligibility requirements is no longer enough on its own. Officers are now directed to weigh the entire record — your immigration history, time spent in the United States, status compliance, and how you entered the country — and applicants are expected to affirmatively document the positive factors (such as family ties, contributions, and hardship) that justify a favorable decision. A clean record is now the starting point, not the finish line.

 

What it does not mean: Adjustment of status has not been eliminated. The law itself has not changed, no green card category has been repealed, and pathways such as immediate relatives of U.S. citizens and dual-intent visa categories remain available. Every case is still decided individually, on its own facts.The bottom line is that a strong, well-documented, and strategically prepared application matters more now than at any point in recent memory. For applicants who are nationals of certain designated countries, additional discretionary scrutiny may also apply.

 

We break down exactly what changed, who is most affected, and how to prepare in our full analysis:→ Eligible Is No Longer Enough for Adjustment of Status: What USCIS's New "Administrative Grace" Memo (PM-602-0199) Means for Your Green Card

 

Don't Leave Your Future to Chance

Adjustment of status is a pivotal step in your U.S. immigration journey, and these recent policy changes have raised the stakes. Any errors or oversights can lead to delays, denials, or other complications — and under the new discretionary framework, even a technically eligible application can be denied without a well-prepared record.While it is possible to navigate this journey on your own, we believe that having an experienced immigration attorney by your side is more important than ever. Should you choose to work with us, please reach out or conveniently schedule an appointment online. Whatever your decision, we wish you all the best on your immigration journey.

 

CONTACT

OUR 
OFFICES

Virginia Office

1750 Tysons BLVD#1500

McLean, VA 22102

New York Office

745 5th Ave, #500

New York, NY 10151

Beverlly Hills Office

9465 Wilshire Blvd

# 3rd floor

Beverly Hills, CA  90212

 

Click Here to Find Us

CONTACT

Contact Us

Opening Hours

Mon - Fri

9:00 am – 5:00 pm (EST)

Join Our Email List

Thanks for submitting!

bottom of page