Adjustment of Status Help for Green Card Applicants

Adjustment of Status Cases | AG Immigration Law P.A.

If you are already in the United States, you may be able to get a green card without leaving the country. Adjustment of status lets a person physically present in the United States apply for a green card without going to a U.S. consulate abroad, unless the person is ineligible to apply for adjustment of status under the exceptions in paragraph (b) or (c) of the regulation, provided the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing. You file Form I-485 with USCIS, and the case is approved only if the legal requirements are met. This page explains the basics of adjustment of status and how AG Immigration Law P.A. handles these cases.

What Adjustment of Status Is and Who It Is For

Adjustment of status is the process of applying for a green card from inside the United States. The Migration Policy Institute lists adjustment from another status among the main federal green-card pathways.

Adjustment of status to lawful permanent residence is addressed in 8 U.S.C. § 1255. It says the status of a person who was inspected and admitted or paroled into the United States, or who has an approved VAWA self-petition, may be adjusted to lawful permanent resident, at the Attorney General’s discretion, if three things are true. The person applies, the person is eligible for an immigrant visa and admissible for permanent residence, and an immigrant visa is immediately available when the application is filed.

The regulation adds that a person physically present in the United States may apply, unless an exception applies. See 8 C.F.R. § 1245.1.

This route may fit people who:

• Were inspected and admitted or paroled into the United States
• Have a U.S. citizen or permanent resident family member who can file a petition
• Have an employer who can file a petition for a permanent job
• Are in removal proceedings and need to ask for a green card before an immigration judge

The right path depends on the facts of each case.

Common Pathways to Adjustment of Status

Adjustment usually rests on an immigrant petition or another category the law allows. Each pathway has its own filing steps.

• Some relatives are immediate relatives.
• Employment-based: An approved or pending Form I-140 can support an adjustment case for an eligible worker.
• Concurrent filing: The regulation says that if approval of a visa petition filed for classification under section 201(b)(2)(A)(i), section 203(a) or section 203(b)(1), (2) or (3) of the Act would make a visa immediately available, the adjustment application is properly filed whether it is submitted with the petition or after it, provided that it meets the filing requirements contained in parts 103 of 8 CFR chapter I and 1245 of this chapter. For other classifications, the applicant may file only after the petition is approved. See 8 C.F.R. § 1245.2.
• Priority dates and visa availability: Your priority date sets your place in line for a visa. Under 8 C.F.R. § 1245.1(g)(1), if the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. See 8 C.F.R. § 1245.1.
• Bars and exceptions: Section 1255(c) lists people who cannot use the main rule. These include some who accept unauthorized employment before filing, and some who are in unlawful status on the filing date. Immediate relatives are treated differently under the employment bar.
• Waivers: Some grounds of inadmissibility can be waived. A waiver is a separate request that needs its own review.

What Our Adjustment of Status Work Covers

Our team reviews your immigration history, prepares the filing package, and supports you through each stage after filing. Work includes these parts:

• Review of prior entries, filings, denials, and notices
• Preparation of Form I-485, plus Form I-765 for work permission and Form I-131 for travel when those apply
• Coordination of the medical exam. Applicants must have one by a designated civil surgeon, and the report goes into the record. A medical examination is not required of an applicant who entered the United States as a nonimmigrant spouse, fiancé(e), or child of a U.S. citizen under section 101(a)(15)(K), if the applicant was medically examined before and as a condition of the visa, and the exam was no more than 1 year before filing. 8 C.F.R. § 1245.5 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 8 CFR chapter I 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.” See 8 C.F.R. § 1245.5. See 8 C.F.R. § 1245.5.
• Civil documents and translations
• Interview preparation. Each applicant is interviewed by an immigration officer, though the regulation allows waivers in some cases. See 8 C.F.R. § 1245.6.
• Responses to Requests for Evidence and Notices of Intent to Deny
• Strategy when a prior order or a removal case affects the filing

How the Process Works, Step by Step

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

1. Case review: Your case starts with a paid consultation. We review your documents, entries, prior filings, and any notices.
2. Plan: We confirm the eligible category, the filing order, and what the case will require.
3. Build the package: You gather evidence, we complete the forms, and we prepare the filing for review.
4. File and track: We file with USCIS, then track receipt notices and any requests for more information.
5. Biometrics and decision: We prepare you for the biometrics appointment, the medical exam, and the interview, and then the decision follows.

USCIS processing times vary by office and category. Treat any timeline as an estimate, not a fixed schedule.

Adjustment of Status When Removal Proceedings Are Open

When removal proceedings are open, an immigration judge decides any adjustment application. The regulation says the immigration judge hearing the case has exclusive jurisdiction over that application, with exceptions for arriving aliens. See 8 C.F.R. § 1245.2.

If USCIS denies the application, no appeal lies from that denial. A non-arriving applicant may still renew the application in removal proceedings under the same regulation.

Removal defense and adjustment can run together in one plan. Cancellation of removal is a separate request, filed with the immigration court on Form EOIR-42. See 8 C.F.R. § 1240.20.

If an immigration judge rules against you, the case may go to the Board of Immigration Appeals. The Executive Office for Immigration Review publishes BIA and Attorney General precedent decisions. Removal cases carry strict deadlines, so early review matters.

Why Choose AG Immigration Law P.A. for Your Green Card Case

AG Immigration Law P.A. focuses on immigration law. Its work includes 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 assistants and office staff who support each case file.

The firm represents immigrants across the US. You can reach our team by phone, through the contact form, or by WhatsApp. A case review begins with a paid consultation, where we look at your facts before any filing decision.

Frequently Asked Questions About Adjustment of Status in Broward County

Next Step: Contact the Office About Your Green Card Case

If your family or employment petition is pending or approved, or your removal case needs a decision now, the next step is a conversation about your facts. Contact AG Immigration Law P.A. through the contact form, by phone, or on WhatsApp, or book a paid consultation to review your case.