Common Adjustment of Status Mistakes That Cause Delays (and How to Avoid Them)
- Tanya Powers
- 9 hours ago
- 4 min read
Filing for Adjustment of Status (AOS) is an exciting step toward obtaining lawful permanent residence in the United States. But while the process may seem straightforward on paper, even small mistakes can lead to significant delays—or worse, denials.
Below are some of the most common mistakes we see, along with guidance on how to avoid them.
1. Filing Incomplete or Incorrect Forms
Applications submitted to U.S. Citizenship and Immigration Services (USCIS) must be complete, consistent, and properly signed.
Common issues include:
Missing signatures
Incorrect filing fees
Outdated forms
Inconsistent answers across forms
How to avoid it: Carefully review every form before filing. Even minor inconsistencies can trigger delays or Requests for Evidence (RFEs).
2. Insufficient or Incorrect Supporting Documentation
Submitting the required forms is only part of the process—you must also provide sufficient and correct evidence to support your eligibility.
Common issues include:
Missing civil documents (birth certificates, divorce decrees)
Providing the wrong documents (for example, submitting a divorce complaint instead of the final signed divorce decree)
Using an incorrect version of a document (such as a short-form birth certificate instead of the required long-form version)
Failing to include certified English translations for foreign-language documents
Lack of proof of lawful entry
Why this matters: Even if you submit something that appears relevant, U.S. Citizenship and Immigration Services (USCIS) may not accept it if it does not meet the specific legal requirements. This often results in Requests for Evidence (RFEs), delays, or even denials.
How to avoid it: It’s not just about submitting documents—it’s about submitting the right documents in the correct format. Requirements can vary depending on the type of case and even the issuing country of the document, so careful review is essential.
3. Misunderstanding the Impact of Using an EAD
Many applicants apply for a work permit (Employment Authorization Document, or EAD) while their AOS is pending. However, using that EAD can have important consequences.
What people often miss:
Using an EAD may terminate certain nonimmigrant statuses (such as H-1B or H-4)
You may shift from “status” to a period of authorized stay
How to avoid it: Understand the strategic implications before using your EAD—especially if you are maintaining a nonimmigrant status as a backup.
4. Traveling Without Proper Authorization
Travel is one of the most common areas where applicants run into serious issues.
Common mistakes:
Leaving the U.S. without Advance Parole
Traveling while an extension or change of status is pending
Assuming a valid visa alone is sufficient
Potential consequence: Your AOS application may be considered abandoned.
How to avoid it: Always confirm your travel strategy before leaving the U.S. The rules vary depending on your underlying status.
5. Timing the Medical Examination Incorrectly
The medical exam (Form I-693) must be completed by a USCIS-authorized civil surgeon and submitted properly.
Frequent issues:
Submitting an expired medical exam
Opening the sealed envelope
How to avoid it: Plan the timing of your medical exam carefully based on current USCIS policies.
6. Failing to Disclose Prior Immigration or Criminal Issues
Some applicants unintentionally omit prior visa denials, overstays, or criminal history—often because they think it is not relevant.
Why this is a problem:
USCIS has access to prior records
Omissions can be viewed as misrepresentation
How to avoid it: Disclose everything—even issues that seem minor. It is almost always better to address concerns proactively.
7. Not Maintaining Nonimmigrant Status When It Matters
In some cases, maintaining your underlying nonimmigrant status provides flexibility and protection during the AOS process.
Common misunderstanding:
Believing AOS approval is guaranteed
Letting status lapse too early
How to avoid it: Evaluate whether maintaining your current status is beneficial in your specific situation.
8. Poor Preparation for the Interview
For many applicants, the interview is the final step—but it is also where problems can arise.
Common pitfalls:
Inconsistent answers between spouses
Lack of updated documentation
Not understanding the purpose of the interview
How to avoid it: Prepare thoroughly. Review your application and bring updated evidence of your eligibility.
9. Assuming Every Case Is the Same
Perhaps the most important mistake is assuming that Adjustment of Status is a standardized, one-size-fits-all process.
The reality:
Each case involves unique facts, timing considerations, and legal strategy
What works for one person may not work for another
Final Thoughts on Adjustment of Status Mistakes
Adjustment of Status is more than just completing forms—it is a legal process that requires careful planning and attention to detail.
Avoiding these common mistakes can help reduce delays and improve your chances of success. More importantly, understanding the complexity of the process allows you to make informed decisions at every stage.
Need Guidance on Your Case?
If you are preparing to file for Adjustment of Status or have questions about your situation, working with an experienced immigration attorney can help you avoid costly mistakes and navigate the process with confidence.
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and the laws and procedures can be complex and subject to change. Reading this blog does not create an attorney-client relationship. If you are facing an immigration issue, you should consult with a qualified immigration attorney to receive personalized legal guidance based on your specific circumstances.
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