Adjustment of Status Help for Clients Across the United States

Adjustment of Status Representation

Already living in the United States and hoping for a green card? You may be able to apply without leaving the country. That route is called adjustment of status.

Adjustment of status is a filing with USCIS, made from inside the United States, to become a lawful permanent resident. Whether it fits your case turns on your category, your status history and how you entered. This guide covers the basics of adjustment of status for immigrants.

What Adjustment of Status Is and Who It Is For

Adjustment of status is one way to get a green card without applying through a consulate abroad. The Migration Policy Institute explains that adjustment from another status is one of the federal green card pathways.

The applicant must file an application, be eligible for an immigrant visa and be admissible. An immigrant visa must be immediately available when the application is filed.

You must also be physically present in the United States. 8 CFR 245.1(a) sets out that rule.

The law also has exceptions. Under 8 U.S.C. § 1255(c), people in unlawful status on the filing date can fall outside this route, unless an exception applies.

This route often suits people who hold a valid status and have an approved or pending family or employment petition. It also needs a close look for people with prior entry or status questions. Confirm your category before you file.

What Our Adjustment of Status Work Covers

Our adjustment of status work covers the full filing, plus the related matters that often arise with it.

• Form I-485 and evidence. The application package, with proof of each eligibility point.
• Family cases use Form I-130 and employment cases use Form I-140.
• Affidavit of support. A sponsor’s affidavit of support is legally enforceable against the sponsor under 8 U.S.C. § 1183a.
• Medical exam. Each applicant needs an exam by a designated civil surgeon, under 8 CFR 245.5, unless the applicant entered as a nonimmigrant spouse, fiancé(e), or child of a United States citizen under section 101(a)(15)(K) and was medically examined before the visa was issued, not more than 1 year before applying. 8 C.F.R. § 245.5 reads: “A medical examination shall not be required of an applicant for adjustment of status who entered the United States as a nonimmigrant spouse, fianceé, or fianceeé of a United States citizen or the child of such an alien as defined in section 101(a)(15)(K) of the Act and § 214.2(k) of this chapter if the applicant was medically examined prior to, and as a condition of, the issuance of the nonimmigrant visa; provided that the medical examination must have occurred not more than 1 year prior the date of application for adjustment of status.”
• Interview preparation. Each applicant is interviewed under 8 CFR 245.6, unless the rule allows a waiver of the interview.
• Related filings. Waivers, removal defense if proceedings start, and BIA appeals.

Removal of conditions on a conditional green card is a separate filing. If the facts are true, the conditional basis is removed as of the second anniversary of lawful admission. Our team handles this filing. Naturalization can be a later step for some clients.

How the Adjustment of Status Process Works, Step by Step

The process moves in five stages, from review to decision.

1. Review. We check your entry history, status history and past filings. This step looks for the bars described above.
2. Documents. We gather birth, marriage, tax and prior immigration records. You receive a checklist so nothing is missed.
3. Filing. We prepare the package and review each form before it goes to USCIS. USCIS may reject or deny a request that does not follow the statute, regulation or form instructions, under 8 CFR 103.2.
4. Medical exam and interview. You see a designated civil surgeon, and the report goes into the record. An immigration officer then interviews you, and we prepare you for that meeting.
5. Decision. USCIS can approve or deny the application. No appeal lies from a director’s denial, but an applicant who is not an arriving alien can renew the application in removal proceedings under 8 CFR part 240, and an applicant who is a parolee and meets the two conditions described in 8 CFR 245.2(a)(1) may also renew a denied application in those proceedings to determine admissibility, as 8 CFR 245.2 explains. ICE’s adjustment of status guide explains this step.

Timeline and Factors That Affect How Long AOS Takes

There is no single timeline for every adjustment case. Timing depends on your category, how complete your filing is and how USCIS handles your case.

Several factors commonly affect timing:

• A complete first filing. A filing that misses required parts can be rejected, as noted above.
• Requests for evidence. If USCIS asks for more proof, the request adds time to the case.
• Medical exam and interview scheduling. These steps follow USCIS’s own schedule.
• The category. Family and employment cases can move through different steps.
• Removal proceedings. If your case is in immigration court, timing follows that court’s schedule.

Gather your documents early. A missing record can slow the filing before it starts. Keep copies of every notice and receipt from USCIS, since they help you track the case. Timing is reviewed case by case during a consultation, using your own facts.

Why Work With AG Immigration Law

AG Immigration Law P.A. is an immigration law firm that focuses on removal defense, adjustment of status, family petitions, naturalization, removal of conditions on green cards, waivers, and BIA appeals. It focuses on removal defense, adjustment of status, family petitions, naturalization, removal of conditions on green cards, waivers and BIA appeals.

Adriana Gomez is the lawyer responsible for this page. Our team also includes assistants and office staff. They handle document organization and scheduling, so your file stays in order.

We explain each step in plain language. That includes which steps happen with USCIS and which happen in immigration court. We represent immigrants across the United States.

The initial consultation is paid. It covers your eligibility review, your filing history and the documents your case needs. A matter that needs a different lawyer or firm will be identified during that consultation.

Common Questions About Adjustment of Status

Here are short answers to common questions.

What happens if I miss a removal hearing?

Talk to AG Immigration Law About Your Adjustment of Status Case

If you have a family or job petition and want to know whether adjustment of status can work from inside the United States, bring your facts to us. Our team can review your entry history, status and petition. Fill out our contact form, call the office, or message us on WhatsApp to set up a consultation.