Adjustment of Status Attorney Serving Immigrants Across the US

Adjustment of Status Attorney in New York City

Adjustment of status lets many people apply for a green card while they are still inside the United States. Instead of going to a U.S. consulate abroad, you file Form I-485 with USCIS. Whether it works for you turns on how you were admitted, the basis for your green card, and your immigration history. This page explains the rules that apply to adjustment of status for readers considering a case with AG Immigration Law P.A.

What Adjustment of Status Is and Who It Is For

Adjustment of status is the process of becoming a lawful permanent resident, or green card holder, without leaving the country. The main rule is in 8 U.S.C. § 1255. It says you may apply if you can receive an immigrant visa, you are admissible to the United States for permanent residence, and a visa is immediately available when you file.

Common green card bases include:

• Immediate relatives of U.S. citizens, such as spouses, parents, and children of citizens.
• Family preference categories, which are allocated under 8 U.S.C. § 1153.
• Employment-based categories, which usually start with an approved petition such as Form I-140.
• Certain humanitarian and special categories.

Adjustment often fits people who entered on a visa or parole, people with a pending or approved petition, and people in removal proceedings. It does not fit everyone, because the law sets bars. AG Immigration Law P.A. focuses on adjustment of status and related removal defense, so we review both paths together.

What Our Adjustment of Status Work Covers

Our adjustment of status work covers the full path, from the petition review through the interview. Here is what it includes:

• Petition review. We check the underlying basis, such as Form I-130 or Form I-140, and whether it can support an I-485.
• Form I-485 filing. We prepare the application and supporting evidence, including civil documents and proof of your relationship or job offer.
• Waiver review. If a ground of inadmissibility has a waiver, you can file for it under 8 C.F.R. § 212.7. Certain immigrants may also apply for a provisional unlawful presence waiver.
• Section 245(i) check. Some people may use a grandfathered petition to adjust despite a past bar. See 8 C.F.R. § 245.10.
• Removal case coordination. If you are in court, we review adjustment alongside your defense.
• Interview preparation. We prepare you for the questions an officer may ask.
• Related work. Family petitions, removal of conditions on a green card, naturalization planning, waivers, and BIA appeals.

How the Adjustment of Status Process Works

The process starts with a record review and moves through filing, a medical exam, and an interview. Here are the steps:

1. Paid consultation. We review your entry, current status, prior filings, and any court case.
2. Document gathering. You provide identity records, relationship or job evidence, tax and financial records, and translations where needed.
3. Filing. We file the I-485 and any waiver request with the required fees.
4. Medical exam. A designated civil surgeon completes the exam, and the report goes into the record.
5. Interview. Each applicant is interviewed by an immigration officer. The rule allows limited exceptions, such as for some children under 14 (8 C.F.R. § 245.6).
6. Decision. If approved, permanent residence is recorded as of the approval order.

Processing times change over time. We review current timing with you during the consultation.

Common Issues That Affect an Adjustment Case

Your entry, work history, and past status often decide which path fits. These issues come up most often:

• Unauthorized work or unlawful status. 8 U.S.C. § 1255(c) bars many people who work without authorization before filing or who are out of status on the filing date. Immediate relatives of U.S. citizens are treated differently under that clause, and the law has other exceptions.
• Lapse in status. The same rule covers people who have not kept lawful status since entry. The exception applies when the lapse was through no fault of their own or for technical reasons.
• Living abroad after marriage. Time spent living outside the United States after a marriage can raise questions in an adjustment of status case, so contact our office to discuss your specific situation.
• Section 245(i) timing. For a grandfathered petition, a principal grandfathered alien must show physical presence in the United States on December 21, 2000, unless the petition was filed on or before January 14, 1998 (8 C.F.R. § 245.10).
• Waivers. Some grounds of inadmissibility have a waiver, and the filing rules run through 8 C.F.R. § 212.7.
• Removal proceedings. When you are in court, the immigration judge has exclusive power to decide any adjustment application you file, except for an arriving alien placed in removal proceedings, for whom the immigration judge lacks jurisdiction unless the conditions in the regulation are met (8 C.F.R. § 1245.2).

Why Work With AG Immigration Law P.A.

AG Immigration Law P.A. focuses on removal defense, adjustment of status, family petitions, naturalization, removal of conditions on green cards, waivers, and BIA appeals. Our lawyers and support staff handle matters across these practice areas.

Bring what you have to the consultation. Useful items include your passport, any I-94 record you have, USCIS notices, earlier applications, and court papers. A written timeline of your entries, departures, and jobs helps us spot filing issues early.

Reach us the way that works for you:

• Fill out the contact form on our website.
• Call the office.
• Send a WhatsApp message.
• Book a paid consultation to review your record.

Consultations are paid, and the office will confirm the fee when you get in touch.

Questions Readers Ask About Adjustment of Status

Contact AG Immigration Law P.A.

If a family petition is pending or a removal hearing is coming up, you do not have to sort out the filing path alone. Start with a paid consultation, or reach out through the contact form. Every case turns on its own record, and no outcome can be promised.