Filing Form I-485? Get Clear Guidance From Your Immigration Attorneys

Adjustment of Status Attorney: I-485 Guide

Adjustment of status is the process of applying for a green card from inside the United States. When you need an adjustment of status attorney, the first question is which office decides your case: USCIS or an immigration judge. This page explains the process in plain terms.

What Adjustment of Status Is and Who It Is For

Adjustment of status lets an eligible person become a lawful permanent resident (a green card holder) without leaving the country. The person must apply, be eligible for an immigrant visa and admissible for permanent residence, and have an immigrant visa immediately available when the application is filed.

Under 8 C.F.R. § 245.1, a person who is physically present in the United States may apply, unless a rule makes them ineligible, if they are eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. For many preference cases, the Department of State Visa Bulletin shows whether a visa is available.

Unlawful status is a common obstacle. It has exceptions, including for certain immediate relatives, so the details matter.

Consular processing, done abroad at a U.S. consulate, is the other main route. The right choice depends on your status, your petition, and your history.

Who Decides Adjustment of Status: USCIS or Immigration Court

USCIS decides most adjustment applications. An immigration judge decides them when removal proceedings are open. Under 8 C.F.R. § 245.2, USCIS has jurisdiction unless the immigration judge has jurisdiction over the application.

This split matters. If USCIS denies an application, no appeal lies from that denial. An applicant who is not an arriving alien keeps the right to renew the application in removal proceedings.

When you contact AG Immigration Law P.A. about adjustment of status, we start by identifying the forum, before you file or answer any notice. Our team also handles removal defense for cases in court.

What Our Adjustment of Status Representation Covers

Our team handles adjustment matters from first review through the decision. The work usually includes:

• Case review: checking prior entries, filings, and any unlawful status or inadmissibility question that could affect eligibility.
• Form I-485 preparation: completing the application and organizing its supporting evidence.
• Underlying petitions: reviewing the family petition (Form I-130) or employment petition (Form I-140) your application depends on. Approval turns on whether the facts stated are true and the beneficiary qualifies.
• Evidence: civil documents, translations, and proof of relationship or status.
• Interview preparation: reviewing likely questions and the documents to bring.
• Waivers and responses: assessing when a waiver may be needed, and answering requests for evidence and notices of intent to deny.

How the Adjustment of Status Process Works

The process moves through review, filing, interview, and decision. Each stage has a clear next step.

1. Paid consultation. We review your status, petition, and history before anything is filed.
2. Document gathering. We find gaps and list what must be obtained before filing.
3. Filing. The application goes to USCIS, or to the immigration court if removal proceedings are open, under 8 C.F.R. § 245.2.
4. Interview. Under 8 C.F.R. § 245.6, each applicant is interviewed by an immigration officer. The interview may be waived for a child under 14, when the applicant is clearly ineligible, or when USCIS decides an interview is unnecessary.
5. Requests for evidence. Respond by the deadline the notice gives.
6. Decision. If approved, permanent residence is recorded as of the date of the approval order. If denied, you receive the reasons.

The time from filing to decision varies. No one can give a fixed date at the start.

Why Work With AG Immigration Law P.A.

AG Immigration Law P.A. focuses on immigration law. Its practice areas are removal defense, adjustment of status, family petitions, naturalization, removal of conditions on green cards, waivers, and BIA appeals.

Adriana Gomez is the responsible lawyer for this page. Our team includes lawyers and support staff who work on adjustment matters together. We provide immigration law services to immigrants across the United States.

Because a case can move between USCIS and immigration court, it helps to review adjustment and removal defense together. Bring every immigration notice you have, your passport, and your prior filings to your consultation.

Common Questions About Adjustment of Status

Talk to Adriana Gomez About Your Adjustment of Status Case

To start, book a paid consultation with Adriana Gomez. You can use the contact form, call the office, or send a message on WhatsApp.

If your Form I-485 is pending, an interview notice has arrived, or a request for evidence has a deadline, you don’t have to sort out the next step alone. Share your notices and history, and our team will review where your case stands.