Adjustment of Status Representation for Immigrants Across the United States

Adjustment of Status Law Firm New York City

Adjustment of status lets an eligible person who was inspected and admitted or paroled into the United States, or who is a VAWA self-petitioner with an approved petition, apply for a green card without going to a consulate abroad. This guide explains how the process works, what can complicate it, and what representation covers. AG Immigration Law P.A. represents immigrants across the United States in adjustment of status matters, and New York City residents are welcome to contact the firm about their own case.

What Adjustment of Status Is and Who It Is For

Adjustment of status is how a person who is physically present in the United States applies for a green card from inside the country, if eligible to receive an immigrant visa and one is immediately available at the time of filing, except an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section. You file with USCIS instead of applying at a U.S. consulate abroad. 8 U.S.C. § 1255(a) says a person who was inspected and admitted or paroled into the United States, or who is a VAWA self-petitioner with an approved petition, may apply, must be eligible for an immigrant visa and admissible, and must have a visa immediately available when the application is filed.

Most cases fall into a few groups. Family-based cases usually rest on a petition from a U.S. citizen or green card holder relative. Employment-based cases rest on a job-based petition. Migration Policy Institute explains that adjustment covers people already in the country who move to permanent residence through family or employer sponsorship. The same source notes that refugees and asylees may apply for a green card after one year.

This guide is written for people in New York City who hold a valid status or have a petition pending. Many ask one question first: can I file from inside the country? The answer turns on your history. Your entry, your current status, and any past violations all matter.

What the Representation Covers

Representation covers the adjustment file, from the first eligibility check through the USCIS decision. Our work includes:

• Eligibility review. We check your current status and whether an immigrant visa is available when you file.
• Filing. We prepare the Form I-485 package and the supporting forms, including the affidavit of support.
• Evidence. We organize birth and marriage records, prior immigration papers, tax records, and translations where required.
• Interview and exams. We prepare you for the medical exam, biometrics, and the interview.
• Requests for evidence. We respond when USCIS asks for more documents.
• Related matters. Waivers, removal of conditions on a green card, family petitions, naturalization, removal defense if the case reaches immigration court, and BIA appeals can be reviewed together.

How the Adjustment of Status Process Works, Step by Step

The process moves in stages, from document review to a USCIS decision. Here is the usual order.

1. Intake and document review. We review your status history, your petition, and your identity documents.
2. Filing decision. We decide whether to file now, wait for a visa to become available, or fix a problem first.
3. Filing. The I-485 package goes to USCIS with the required fees and evidence.
4. Interview. An immigration officer interviews each applicant under 8 C.F.R. § 245.6, though the interview may be waived for a child under 14, for a clearly ineligible applicant, or when USCIS decides it is unnecessary.
5. Decision. USCIS approves or denies the case. No appeal lies from any denial by the director under 8 C.F.R. § 245.2(a)(5)(ii). If you are not an arriving alien, you can renew the application in removal proceedings under 8 C.F.R. § 245.2.

Timing varies with USCIS workload and the facts of each case. Ask us to review your likely timeline before you file.

Issues That Can Complicate an Adjustment Case

Entry history, work history, and status problems are the most common complications. Each one can change which path is open to you.

• How you entered. The main rule covers people who were inspected and admitted or paroled into the country, under 8 U.S.C. § 1255(a). Other entries need a separate review.
• Under 8 U.S.C. § 1255(c), paragraph (2) excludes immediate relatives from its bar for applicants who continue in or accept unauthorized employment before filing, or who are in unlawful immigration status on the filing date. Paragraph (8) of subsection (c) covers any alien, other than an alien having an approved petition for classification as a VAWA self-petitioner, who was employed while the alien was an unauthorized alien, as defined in section 1324a(h)(3) of this title, or who has otherwise violated the terms of a nonimmigrant visa (8 U.S.C. § 1255).
• Unlawful presence. Some cases need a waiver. Whether a waiver applies depends on the facts of each case, so contact our office to discuss your situation.
• Removal proceedings. Under 8 U.S.C. § 1229b, the rule that a charging document does not toll the 3-year physical presence period applies only to applicants for special rule cancellation under § 1229b(b)(2). Under § 1229b(d)(1), continuous residence or continuous physical presence ends at the earliest of two events: when a notice to appear is served under § 1229(a), a trigger that does not apply to applicants under subsection (b)(2), or when the person has committed an offense referred to in § 1182(a)(2) that renders them inadmissible under § 1182(a)(2) or removable under § 1227(a)(2) or § 1227(a)(4).
• Financial sponsorship. A sponsor signs an affidavit of support, which works as a contract. Under 8 U.S.C. § 1183a, it stays enforceable until the immigrant has worked 40 qualifying quarters, among other conditions.
• Criminal history. Any past arrest or conviction must be reviewed before you file.

Early review matters. Questions about travel, prior applications, and past entries should be answered before any form is signed and filed.

Why Work With AG Immigration Law P.A.

AG Immigration Law P.A. focuses on removal defense and related immigration matters, including adjustment of status. The firm serves immigrants across the United States, including people in New York City, Florida, and Texas.

• Responsible lawyer. Adriana Gomez is the responsible lawyer for this page. Our team of assistants and office staff handles filings, document collection, and client communication.
• Coordinated practice. Adjustment, family petitions, waivers, naturalization, removal of conditions, and BIA appeals are reviewed together when one case affects another.
• Plain updates. We explain in plain language what has been filed, what is pending, and what you must provide next.
• Ways to reach us. You can call the office, message us on WhatsApp, or send your question through the contact form.

Fees, Consultations and What Affects Cost

Consultations are paid, and the office confirms the fee before you meet. Each adjustment case has its own cost picture, so ask about the total before you commit.

Several factors change the cost:

• how many people are applying
• whether a waiver or removal issue is involved
• documents that need translation or extra gathering
• whether the case moves to immigration court or the BIA

Before representation starts, the firm states its fees in writing. That statement includes government filing fees. Results depend on each applicant’s facts. No lawyer can promise an approval or a set timeline.

Frequently Asked Questions About Adjustment of Status in New York City