What Adjustment of Status Means from an Immigration Lawyer
Adjustment of status is the process that lets certain people apply for a green card without leaving the United States. A green card, or lawful permanent resident status, lets you live and work in the U.S. permanently. Working with an experienced adjustment of status lawyer can help you avoid mistakes and delays
This is different from consular processing, which requires you to return to your home country to apply for a visa.
Who Can Apply
You may qualify for adjustment of status if:
- You are in the United States with a valid entry.
- You are eligible for an immigrant visa through family, employment, asylum, or another category.
- A visa number is available to you.
Immediate relatives of U.S. citizens often face fewer restrictions than other applicants.
How the Process Works
- Check eligibility. You must meet the requirements under immigration law.
- File Form I-485. This is the application to register permanent residence or adjust status.
- Attend a biometrics appointment. USCIS collects your fingerprints, photo, and signature.
- Interview with USCIS. Many applicants must meet with an immigration officer.
- Receive a decision. If approved, you receive a green card.
Benefits of Adjustment of Status
- You do not need to leave the U.S. for processing.
- You can apply for a work permit while your case is pending.
- You may qualify for advance parole, which allows travel outside the U.S. while your case is pending.
Issues That Can Come Up
Adjustment of status cases can be denied for many reasons. Common problems include:
- Filing when not eligible.
- Submitting incomplete applications.
- Past immigration violations.
- Mistakes during the interview.
- Even small errors can delay or end your case.
How I Help
As your attorney, I handle the legal and procedural steps so your case is prepared correctly. My services include:
- Reviewing your eligibility before filing.
- Identifying risks, such as past immigration violations or criminal history.
- Preparing and filing Form I-485 and related applications.
- Collecting and organizing supporting evidence.
- Preparing you for the biometrics appointment.
- Advising you on applying for a work permit (Form I-765) and advance parole (Form I-131).
- Responding to Requests for Evidence (RFEs) from USCIS.
- Preparing you for the USCIS interview.
- Attending the interview with you, when permitted.
- Advising you on travel, employment, and other legal issues while your application is pending.
- Following up on your case and keeping you informed of progress.
Frequently Asked Questions
Do I need an adjustment of status lawyer?
While you are not required to hire a lawyer, an adjustment of status lawyer can help prevent errors that may delay or deny your case.
How long does adjustment of status take?
Most cases take 12 to 24 months, but times vary depending on your case and the USCIS office.
Can I work while my application is pending?
Yes. You can apply for a work permit (Form I-765) when you file your adjustment of status.
Can I travel outside the U.S. while my case is pending?
You must apply for advance parole (Form I-131) before leaving. If you leave without it, your application will be considered abandoned.
Do I have to attend an interview?
Most applicants must attend a USCIS interview. The officer reviews your application and may ask questions about your eligibility.
What happens if my case is denied?
A denial can carry serious consequences, including the risk of removal proceedings. You should consult an attorney about your options.
Contact our office today to speak with an experienced adjustment of status lawyer about your green card application.