Adjustment of Status Representation, Handled Step by Step

Adjustment of Status Attorneys | AG Immigration Law

Our team handles adjustment of status cases for eligible people who want to apply for a green card without leaving the United States. Adjustment of status (AOS) is filed with USCIS on Form I-485 when the legal requirements are met. This page explains how AOS works, what our representation covers, and what to expect. Adriana Gomez is the lawyer responsible for this page.

What Adjustment of Status Is and Who It Is For

Adjustment of status lets an eligible person become a lawful permanent resident while still in the United States. Under 8 U.S.C. § 1255, the applicant must have been inspected and admitted or paroled into the United States (or hold an approved VAWA self-petition), file, be eligible for an immigrant visa and admissible, and have a visa immediately available when the application is filed.

Physical presence is the starting point. Under 8 C.F.R. § 1245.1, a person physically present in the United States may apply, unless a listed exception applies.

AOS is used in three common situations:

• People with a family-based petition that makes a visa available.
• People with an employer-based petition.
• Cuban nationals who may qualify under the Cuban adjustment provision in the note to section 1255.

Your entry history matters too. USCIS eligibility policy explains that inspection is the formal process of determining whether a person may lawfully enter the United States. Your entry record and current status shape which path is open to you.

What Our Adjustment of Status Representation Covers

Our representation covers the review, the filing, and the steps through the decision. Here is what that includes.

• Eligibility review. We check your entry history, your status history, and any past immigration filings, including USCIS or immigration court matters.
• Unlawful status and work issues. Section 1255 keeps AOS from applying to certain people, including some who took unauthorized work or lacked lawful status when they filed. USCIS unlawful-status rules list exceptions, including for immediate relatives.
• Form I-485 package. We prepare the application and supporting evidence. Where the rules allow, we handle filings made with the related petition. 8 C.F.R. § 1245.2 explains when a filing may go in together with a petition and when it must wait for approval.
• Medical exam. A designated civil surgeon must examine the applicant, and the report goes into the record under 8 C.F.R. § 1245.5. A medical examination is not required of an applicant who entered the United States as a nonimmigrant spouse, fiancé(e), or child of a United States citizen (K status), if the applicant was medically examined before and as a condition of the visa, and the exam occurred not more than 1 year before the application.
• Interview preparation. Each applicant is interviewed by an immigration officer. 8 C.F.R. § 1245.6 allows the interview to be waived in listed cases, and we prepare clients for the interview.
• Removal issues. If you are in removal proceedings (other than as an arriving alien), the immigration judge hearing your case has exclusive jurisdiction to decide your AOS application, under 8 C.F.R. § 1245.2. Our removal defense work covers that setting.
• Costs. Attorney services and government or third-party costs are different. We explain which items are which.

How the Adjustment of Status Process Works, Step by Step

The process has six stages, from your first review through the USCIS decision.

1. Review. We look at your documents, your entry and status history, and the basis for your case.
2. Document gathering. Common items include passports, entry records, birth and marriage certificates, tax records, and your petition or receipt notice.
3. Preparation and filing. We assemble the I-485 package and any related filing, and review it with you before it goes to USCIS.
4. A designated civil surgeon completes the required exam, unless the applicant entered the United States as a nonimmigrant spouse, fiancé(e), or child of a United States citizen (K status) and was medically examined before and as a condition of the visa, with that exam occurring not more than 1 year before the application.
5. Interview. Each applicant is interviewed by an immigration officer, though 8 C.F.R. § 1245.6 lists cases where the interview may be waived.
6. Decision. If approved, permanent residence is recorded as of the date of the approval order, under 8 C.F.R. § 1245.2. If denied, no appeal lies from the director’s decision, but a non-arriving applicant may renew the application in proceedings under 8 C.F.R. part 1240.

Timing has two parts. For preference applicants, 8 C.F.R. § 1245.1 says the Visa Bulletin is consulted to determine whether an immigrant visa is immediately available. USCIS processing times also vary by office and form, so ask about current timing at your consultation.

Adjustment of Status Help for Miami and South Florida Readers

Readers in South Florida may be weighing a family petition, a job-based petition, or the Cuban adjustment rules. Each path has its own requirements, so the right route depends on your history.

Many cases involve more than one issue. A visa, a parole document, or a pending application can change how your case is reviewed. Bring every USCIS notice, passport, and immigration record you have to the consultation.

If you already have an open removal case, the review covers both tracks. The immigration judge has exclusive jurisdiction over an AOS application filed in removal proceedings, so filing strategy has to fit the court process.

Why Work With Our Immigration Practice

Our practice focuses on immigration law, and adjustment of status is one of its core services. The practice focuses on 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, including support staff who help with paperwork and scheduling, works on each matter with her.

Because the practice also handles removal defense, AOS questions that touch immigration court can be reviewed in one place. Each consultation starts with your actual documents, so the review reflects your own file.

Questions Clients Ask Before Filing Adjustment of Status

Most questions come down to your status on the filing date, your entry history, and the basis for your petition.

Talk With Adriana Gomez About Your Adjustment of Status Filing

The next step is a paid consultation with Adriana Gomez, where we review your basis, entry history, and status. If you are deciding whether to file your I-485 now, or first sort out an entry or status question, reach out now.

Use the contact page to fill out the form, call the office, message us on WhatsApp, or book a consultation: contact us.