What USCIS Looks for in Adjustment of Status Cases

Adjustment of Status (AOS) remains one of the most common ways for eligible individuals to apply for a green card from within the United States. However, many applicants are discovering that USCIS is taking a much closer look at their entire immigration history before making a decision. 

Today, USCIS may review far more than your current Form I-485 application. Officers can examine years of immigration records, previous applications, statements you made to government agencies, and actions you took after arriving in the United States. 

Understanding what USCIS may review can help you prepare a stronger application and avoid surprises during the adjustment process. 

USCIS May Review Your Complete Immigration History 

One of the most important things to understand is that USCIS may examine your entire immigration record—not just the application currently before them. 

This review can include: 

• Your original visa application 

• Previous immigration petitions and applications 

• Entry and travel records 

• Prior requests for immigration benefits 

• Status changes or extensions 

• Any prior interactions with immigration agencies 

For many applicants, their immigration journey began with a visa application submitted years ago. USCIS may compare information from that application with the information provided in a current green card application. 

Details such as your marital status, family relationships, address history, employment history, and stated purpose for coming to the United States may all be reviewed. 

USCIS May Examine Your Intent When You Entered the United States

A key issue in many adjustment cases is whether your actions after entering the United States were consistent with the purpose of your visa. 

USCIS may ask questions such as: 

• Why did you come to the United States? 

• What did you tell the government when applying for your visa? 

• What happened after you arrived? 

• Did your plans change, and if so, why? 

For example, officers may review whether an individual: 

• Began working shortly after entering 

• Married soon after arrival 

• Stopped attending school while in student status 

• Changed plans significantly after entry 

USCIS may compare what was represented on the visa application with what actually occurred after arrival. This does not automatically mean there is a problem, but applicants should be prepared to explain significant changes in circumstances. 

Overstays and Status Violations May Receive Additional Attention  

If you remained in the United States beyond your authorized stay, USCIS may carefully review the circumstances surrounding that overstay. 

Supporting documentation can be important if there were legitimate reasons for remaining in the country, such as: 

• Medical emergencies 

• Family hardships 

• Fear of returning to your home country 

• Good faith attempts to extend or maintain lawful status 

• Significant life events that affected your plans 

Being able to clearly explain your immigration history and provide supporting evidence may help address questions that arise during the adjudication process. 

At McBean Law, we encourage individuals with visa overstays or prior status violations to gather documentation early and understand their immigration history before filing. In many cases, a well-prepared explanation supported by credible evidence can help address concerns that USCIS may raise during the Adjustment of Status process. 

Old Immigration Records Can Resurface 

Many applicants are surprised to learn that USCIS may review applications submitted years—or even decades—earlier. 

Depending on your history, officers may review: 

• Visa applications 

• Temporary Protected Status (TPS) applications 

• DACA filings 

• Asylum applications 

• Prior Adjustment of Status applications 

• Other immigration benefit requests 

Any statements made in previous filings may be compared against current applications. Inconsistencies can raise questions that require explanation. 

Because memories fade over time, applicants should not assume they remember every detail accurately. 

Consider Requesting Your Immigration Records Before Filing 

Before submitting an Adjustment of Status application, it may be helpful to review your historical immigration records. 

Many individuals choose to submit Freedom of Information Act (FOIA) requests to obtain records from: 

• USCIS 

• The U.S. Department of State 

• Customs and Border Protection (CBP) 

These records may contain copies of previous applications, visa information, inspection records, interview notes, or other documents that could become relevant during the green card process. 

Reviewing your records in advance may help identify potential issues before USCIS raises them. 

USCIS Takes Fraud and Misrepresentation Seriously 

Fraud and misrepresentation concerns can create significant challenges in an Adjustment of Status case. 

USCIS may review prior applications for: 

• False statements 

• Inconsistent information 

• Misrepresentations made to obtain immigration benefits 

• Testimony that conflicts with previous records 

If a potential issue exists, it is often better to identify it before filing rather than waiting for USCIS to raise concerns. 

Depending on the circumstances, applicants may need legal guidance regarding available waivers, supporting evidence, or strategies for addressing past issues. 

At McBean Law, we encourage individuals to review their immigration history carefully before filing an Adjustment of Status application. Identifying potential inconsistencies or past issues early may provide an opportunity to gather supporting evidence, address concerns proactively, and determine whether additional legal strategies or waivers may be necessary. 

Positive Factors Can Strengthen Your Case 

While USCIS may closely examine potential concerns, officers may also consider positive factors when evaluating an applicant’s overall case. 

Examples include: 

• Strong family ties in the United States. 

• Long-term residence in the country. 

• Consistent employment history. 

• Payment of taxes. 

• Educational achievements. 

• Community involvement. 

• Good moral character. 

• A clean criminal record. 

Evidence demonstrating stability, responsibility, and positive contributions to society may help strengthen an application. 

Speak With an Immigration Attorney Before Filing Your Adjustment of Status Case 

Every immigration case is unique. What appears to be a minor issue from years ago may raise questions during the Adjustment of Status process, while other concerns may have solutions that are available under immigration law. 

An experienced immigration attorney can review your immigration history, identify potential issues, and help you prepare the strongest case possible. 

If you are planning to apply for Adjustment of Status and have concerns about your immigration history, seeking legal guidance before filing may help you better understand your options and avoid unnecessary delays. 

FAQs

Does USCIS look at old visa applications during Adjustment of Status? 

Yes. USCIS may review prior visa applications, immigration petitions, and other filings to compare them with information provided in your current application. 

Can USCIS see if I overstayed my visa? 

USCIS has access to immigration records and may review your entry history, authorized stay, and any periods of unlawful presence when evaluating your case. 

What should I do if I do not remember information from old immigration applications? 

You may consider requesting copies of your immigration records through a FOIA request from USCIS, the Department of State, or CBP to review past filings before submitting a new application.