Adjustment of Status Help for Immigrants Seeking a Green Card

Adjustment of Status: Green Card Help

Adjustment of status lets certain people in the United States apply for a green card without going abroad. You file with USCIS, and the statute sets out who may apply. This page explains the process and what can change your plan. If you already have a pending case, an early review helps you plan the next filing.

What adjustment of status is and who it is for

Adjustment of status is a path to lawful permanent residence from inside the United States for certain people, including those who were inspected and admitted or paroled into the United States or who have an approved VAWA self-petition. Under 8 U.S.C. § 1255, the status of an alien who was inspected and admitted or paroled into the United States, or of any other alien having an approved VAWA self-petitioner classification, may be adjusted in the Attorney General’s discretion if you apply, you are eligible for an immigrant visa and admissible, and an immigrant visa is immediately available when you file.

Many cases start with a family or employment petition. The petition rules appear in 8 U.S.C. § 1154. This page is for people who have a petition pending, who received a request or denial from USCIS, or who are in removal proceedings.

Your entry history matters first. Section 1255(a) covers people who were inspected and admitted or paroled into the United States, and any alien with an approved petition for classification as a VAWA self-petitioner. If you entered without inspection, the path works differently, so a full review comes first.

Visa timing matters too. For many family and employment cases, your priority date must be earlier than the date shown in the Department of State’s Visa Bulletin, or your category must show current numbers. 8 CFR 245.1 provides that an immigrant visa must be immediately available at the time of filing of the application.

What our adjustment of status work covers

Our team handles the adjustment file from the first review through the interview. Adriana Gomez is the responsible lawyer for this page. Our work includes:

• Eligibility review. We check your entry history, current status, and priority date. You receive a written list of what the file still needs.
• Filing. We prepare the application and supporting forms, then file them with USCIS with the required fees.
• Evidence. We organize civil records, tax returns, and proof of your relationship or job offer.
• Medical exam. A designated civil surgeon must examine you, and the report goes into your record, as 8 CFR 245.5 requires, except that a medical examination is not required for an applicant who entered 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 before the date of application for adjustment of status.
• Waivers. If a ground of inadmissibility applies, you may apply for a waiver by filing the form USCIS designates. 8 CFR 212.7 sets out this process.
• Interview preparation. Each applicant is interviewed under 8 CFR 245.6, with limited exceptions. We prepare you for the questions the officer is likely to ask.
• Related matters. We coordinate adjustment with removal defense, BIA appeals, and family petitions when they affect your case.

How the process works, step by step

The usual order runs from a first consultation through the decision. Each step is listed below.

1. Consultation. Reach the office by form, phone, or WhatsApp. Bring your passport, entry records, past filings, and every notice from USCIS or the immigration court.
2. Review and plan. Adriana Gomez reviews your history to decide whether you can file inside the United States and whether a waiver is needed.
3. Documents. You receive a checklist for civil records, financial evidence, and proof of relationship. Each item is reviewed before anything is filed.
4. Filing. The application goes to USCIS with its fee. Keep the receipt notice as proof of filing.
5. Medical exam. A designated civil surgeon completes your required exam.
6. Interview or decision. You are generally interviewed. We prepare you for the interview and for the decision that follows.
7. Notices. A request for evidence, an interview notice, or a denial is reviewed right away, and each deadline is tracked.

Where you file depends on whether you are in removal proceedings. Without those proceedings, USCIS has jurisdiction over the application.

Eligibility issues that change the strategy

Some facts in your history can block filing or change the order of steps. Review these questions before you file.

• Bars to adjustment: Section 245(c) of the Act, 8 U.S.C. § 1255(c), bars certain people from adjusting status. These include people in unlawful immigration status on the date they file, people who worked without authorization, and certain people admitted as visitors without a visa. Some of these bars do not apply to certain immediate relatives, so whether a bar applies depends on the facts of each case.
• Entry without inspection. The main entry rule in section 1255(a) covers people who were inspected and admitted or paroled, or who have an approved petition for classification as a VAWA self-petitioner. This history needs its own review before you file.
• Other grounds of inadmissibility. Some grounds can be waived under section 212 of the Act (8 CFR 212.7(a)(1)) when a waiver is available.
• Removal proceedings. When you are in removal proceedings, the immigration judge has exclusive jurisdiction over the adjustment application, other than for an arriving alien, for whom the immigration judge has no jurisdiction unless the listed conditions are met. 8 CFR 1245.2 sets out this rule.
• Cancellation of removal. Some people in proceedings may qualify for cancellation of removal, which 8 U.S.C. § 1229b ties to adjustment of status.
• When USCIS has already said no. The director’s decision denying an adjustment application cannot be appealed, but an applicant who is not an arriving alien keeps the right to renew that application in removal proceedings under 8 CFR part 1240 (8 CFR 1245.2(a)(5)(ii)).

A common mistake is leaving out prior trips, prior filings, or old names. Missing details can slow a case.

Why clients 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. Here is what that means for an adjustment case:

• Responsible lawyer. Adriana Gomez is the responsible lawyer for this page.
• Support staff. Assistants and office staff help with scheduling, document tracking, and updates on where your file stands.
• Full history review. Adjustment often overlaps with removal defense and waivers. We look at your whole immigration history, not just one form.
• Where we work. The firm provides immigration law services to immigrants across the US.
• Fees. Consultations are paid. Ask about the fee when you book, so you know what it covers before you commit.

Frequently asked questions

Your full history decides the next step.

Ready to talk about your adjustment of status case?

A pending I-485, a request for evidence, or a denial notice can change your next move fast. Contact AG Immigration Law P.A. through the contact form, by phone, or on WhatsApp to book a consultation with Adriana Gomez’s office.