What Rights Do You Retain While Your Adjustment of Status Application Is Pending?

April 09, 2025

Understanding your rights while your Adjustment of Status (AOS) application is pending with U.S. Citizenship and Immigration Services (USCIS) is important for maintaining stability and clarity during what can be a lengthy and uncertain process. For many individuals applying for a Green Card and permanent residency, these months can bring up questions and concerns about work, travel, and family. Below, we outline the rights you retain, offering practical insight and reassurance at each step.

1. Right to Remain in the United States

One of the key benefits of filing an Adjustment of Status application is the ability to remain in the United States while USCIS processes your case. Once you’ve filed Form I-485 (the application for AOS), you are typically allowed to stay even if your visa or prior immigration status expires during this time. This protection ensures stability and reduces the stress of potentially having to leave the country before your application is finalized.

Example: If your work visa expires while awaiting your AOS decision, you’re still legally allowed to stay in the U.S. as long as your application remains active.

2. Right to Work (with Employment Authorization Document)

Many applicants worry about their ability to work while awaiting a decision. The good news is you can apply for an Employment Authorization Document (EAD) by filing Form I-765 alongside your AOS application. Once your EAD is approved, you’ll have the right to work legally in the U.S., regardless of your previous visa’s restrictions.

3. Right to Travel (with Advance Parole)

If you wish to travel outside the U.S. while your AOS is pending, you must secure Advance Parole by filing Form I-131. This travel document acts as permission to temporarily leave the U.S. and re-enter without abandoning your AOS application. Traveling without Advance Parole could result in your application being denied, so it’s critical to plan ahead and consult an attorney before making travel arrangements.

4. Right to Family Unity

Your pending AOS application does not disrupt your ability to live with family members already in the U.S. If your application is family-based (for instance, through a spouse), it also allows you to continue residing with them while the process is underway. Additionally, eligible family members may also apply for derivative benefits like EADs or Advance Parole, depending on their specific circumstances.

Addressing Your Concerns

Despite these rights, some challenges or uncertainties may arise. Processing times can vary, and applicants often worry about how long they’ll need to wait before enjoying permanent residency. Additionally, being aware of your responsibility to inform USCIS of any address changes is crucial to ensure you receive all correspondence promptly.

At Zaveri Law Firm P.C., we understand that this period can feel daunting. Our team is here to guide you step-by-step, helping you avoid potential pitfalls like unauthorized travel or missed deadlines. Whether you need assistance applying for work permits, travel authorization, or understanding family options during your AOS process, we’re dedicated to providing support with compassion.

By staying informed about your rights and working with experienced legal professionals, you can confidently navigate this transitional phase. Reach out to Zaveri Law Firm P.C. today to discuss your unique situation and ensure you have the guidance needed for a successful outcome.