Filing for Your Green Card From Inside the United States

The application is Form I-485, filed with USCIS. The application is Form I-485, filed with USCIS. Whether you qualify depends on how you were admitted, your immigration history and the basis for your green card. This guide explains the process for Florida applicants and how an adjustment of status attorney Florida can help.

What Adjustment of Status Is and Who It Is For

Adjustment of status is how you become a lawful permanent resident, or green card holder, without leaving the United States to apply abroad.

Under 8 U.S.C. § 1255, status can be adjusted if you file an application, are eligible for an immigrant visa and are admissible, and a visa is immediately available when you file. The main test starts with whether you were inspected and admitted or paroled into the country; an alien with an approved petition for classification as a VAWA self-petitioner may also be adjusted.

8 C.F.R. § 245.1 says a person physically present in the U.S. may apply if eligible, unless an exception applies.

Adjustment may fit people in these groups:

• Family-based cases: a green card basis from a petition by a U.S. citizen or permanent resident relative.
• Employment-based cases: a green card basis from an employer’s petition. Applicants who are not maintaining lawful nonimmigrant status when they file may be barred under 8 U.S.C. § 1255(c)(7), but 8 U.S.C. § 1255(k) allows certain employment-based applicants who were lawfully admitted and present on the filing date to adjust status notwithstanding that bar.
• Other histories: cases where an initial review shows an adjustment request is possible.

Adjustment can also be requested inside removal proceedings before an immigration judge. That overlap is why AG Immigration Law P.A. focuses on adjustment of status alongside removal defense, family petitions, naturalization, removal of conditions on green cards, waivers and BIA appeals.

What Our Florida Adjustment of Status Work Covers

Our adjustment work covers eligibility review, the Form I-485 package, required exams and biometrics, USCIS notices and interview preparation.

• Eligibility review. We check how you entered, your status history, and any unlawful presence or unauthorized work. Under 8 U.S.C. § 1255, unauthorized work before filing or unlawful status on the filing date can block adjustment. The statute makes exceptions for many immediate relatives.
• Form I-485 package. We prepare the application, civil documents and supporting evidence for filing with USCIS.
• Under 8 C.F.R. § 245.5, applicants must have an exam by a designated civil surgeon, and that report goes into the record; a medical examination is not required of an applicant who entered the United States as a nonimmigrant spouse, fiancé, or fiancée of a United States citizen, or the child of such an alien, if the applicant was medically examined prior to, and as a condition of, the issuance of the nonimmigrant visa, provided the examination occurred not more than 1 year prior to the date of application for adjustment of status.
• Biometrics. 8 C.F.R. § 103.16 lets DHS require biometric information for background checks and benefit decisions. We prepare you for the appointment.
• Travel advice. Travel during a pending case can matter. 8 C.F.R. § 245.2 sets travel rules that follow the status you are applying under.
• Waivers. If an inadmissibility issue comes up, we review whether a waiver request belongs in the case.
• Interview preparation. We help you prepare for a USCIS interview and the questions an officer may ask.

How the Adjustment of Status Process Works, Step by Step

The process runs in order: a paid consultation, document review, a filing plan, the filing, biometrics and any interview, then a decision.

1. Paid consultation. Your first step is a paid consultation, where we review your facts and options. The fee is explained before you schedule.
2. Document review. You bring passports, entry records, earlier USCIS and immigration court papers, and any petitioner documents.
3. Filing plan. We identify the correct basis for filing, the forms required and whether a waiver is needed.
4. Preparation and filing. We assemble the Form I-485 package and fee payment and submit it to USCIS.
5. Biometrics, medical exam and interview. Each appearance has its own steps, and we prepare you for them.
6. Decision. If USCIS denies the application, 8 C.F.R. § 245.2 says no appeal lies from that denial. A non-arriving applicant keeps the right to renew the application in removal proceedings under 8 CFR part 240. If approved, residence is recorded as of the date of the approval order.

Timeline, Costs and What Affects Them

Timing and cost vary by case. USCIS sets its own processing times, and the office does not control them.

• Before filing: gathering documents and, for some bases, waiting on a related petition.
• After filing: biometrics, interview scheduling and the decision.
• Government fees: these are separate from attorney fees. For adjustment applications filed in immigration court, 8 U.S.C. § 1812 requires the fee at filing or before adjudication.
• Removal cases: under 8 U.S.C. § 1229b, certain abused spouses and children who apply for cancellation of removal must show at least 3 years of continuous physical presence in the United States immediately preceding the date of application. For these abused spouses and children, the issuance of a charging document for removal proceedings does not stop the 3-year period of continuous physical presence.
• Other timing factors: missing documents, requests for evidence, travel and an open removal case.

Each case turns on its own facts. The consultation is where we review them and map the likely path.

Why Clients Work With AG Immigration Law P.A.

For Florida adjustment cases, AG Immigration Law P.A. focuses on the immigration matters listed on this page.

• Responsible lawyer. Adriana Gomez is the responsible lawyer for this page.
• Support staff. Our assistants and office staff handle document intake, scheduling and tracking of USCIS notices, so you know who handles each step.
• Related practice areas. Removal defense, family petitions, naturalization, removal of conditions, waivers and BIA appeals are handled by the firm, so related issues get reviewed together.

Adjustment cases often overlap with removal, waivers and family petitions. Our review looks at your whole immigration history, not one form at a time.

Common Questions About Adjustment of Status in Florida

Book a Paid Consultation About Your Florida Adjustment Case

If you need an adjustment of status attorney in Florida to review your green card options, a paid consultation is the next step. You may be waiting on a USCIS notice, weighing an I-485 filing from inside the U.S., or wondering how a past entry affects your case.

Reach out now by filling out our contact form, calling the office, or messaging us on WhatsApp to book your paid consultation.