Getting Your Green Card Through Adjustment of Status: Everything You Need to Know

Adjustment of Status is the process through which eligible individuals already in the United States can apply for permanent residency (Green Card) without returning to their home country. This streamlined procedure offers significant advantages:

• Continue living and working in the US during processing
• Maintain family unity throughout the application period
• Avoid international travel complications
• Save time and expenses associated with consular processing

Adjustment of status allows non-US citizens present in the United States to apply for lawful permanent residency and become eligible for the Green Card. This means that you can change your non-immigrant visa status to an immigrant visa status without leaving the US. This is perfect for people who want to settle in permanently, instead of going back and forth to their home country for processing.

• New Filing Fees: USCIS has implemented updated filing fees effective April 1, 2024
• Online Filing Expansion: More forms are now eligible for digital submission
• Expedited Processing: New categories eligible for premium processing
• Interview Waivers: Extended categories for interview requirement exemptions

To qualify for Adjustment of Status, you must meet these updated criteria:

Primary Requirements:

• Physical presence in the United States during filing
• Legal entry with inspection
• No unauthorized employment history
• Current valid immigration status (with some exceptions)
• Eligible immigrant visa category

Qualifying Categories:

• Family-based immigration
• Employment-based immigration
• Asylum/Refugee status
• Special immigrant categories
• Diversity visa winners currently in the US

There are specific eligibility requirements for adjustment of status, including having a valid visa status, evidence showing that you entered the US legally, being eligible for immigrant visa status, and not having committed certain crimes that would make you ineligible for adjustment of status. Furthermore, you must not have violated any laws that would make you ineligible for receiving a Green Card. Factors like these will be closely evaluated during the process, and many applicants choose to work with an immigration attorney to avoid errors or delays.

1. Pre-Filing Preparation: gather required documentation; complete the medical examination (Form I-693); obtain necessary translations and certifications.
2. Filing Package Assembly: Form I-485 (latest version); supporting evidence; filing fees ($1,440 plus $85 biometric fee, subject to change); concurrent applications (I-765, I-131 if applicable).
3. Post-Filing Steps: biometrics appointment; interview preparation; responding to Requests for Evidence (RFEs); status tracking and updates.

During this stage, applicants with previous academic status often seek guidance from a knowledgeable immigration lawyer to ensure their history aligns with AOS eligibility.

In the adjustment of status process, you will complete Form I-485, and it is essential that you complete these forms accurately and thoroughly, and submit them along with other documents like medical examinations, biometrics, and additional filing fees. Once you’ve submitted your application, you’ll need to attend an in-person interview with a USCIS officer and prepare to answer questions about your relationship, eligibility, and any potential inadmissibility issues. The length of time for approval or rejection varies, but you can check the status of your adjustment of status application online.

Current processing times vary by category and service center:

• Family-based: 8-14 months
• Employment-based: 6-12 months
• Other categories: Timeline varies

Note: These timeframes are approximate and subject to change based on USCIS workload and priorities.

Challenge 1: Maintaining Status

• Carefully track visa expiration dates
• Keep detailed records of all immigration documents
• Consider applying for EAD/AP if eligible

Challenge 2: Documentation Gaps

• Begin gathering documents early
• Maintain comprehensive evidence files
• Use alternative evidence when primary documentation is unavailable

It isn’t an option for you. The only way to get lawful permanent residency or a Green Card from abroad is to go through consular processing, which involves applying for an immigrant visa through the US Consul in your home country.

When it comes to adjusting your status in the United States, there is a lot to consider and navigate through, and the process can be both time-consuming and complicated. While some cases are straightforward, professional legal guidance is recommended if:

• Your case involves complex eligibility issues
• You have previous immigration violations
• Multiple qualifying categories apply
• You receive an RFE or NOID
• Your case requires expedited processing

Don’t navigate this complex process alone. Our immigration attorneys can:

• Evaluate your eligibility
• Prepare a comprehensive application package
• Handle USCIS correspondence
• Represent you at interviews
• Address any complications that arise

Schedule a consultation today: 833.579.9989

If you are unsure where to begin, contact our team: we are ready to guide you through every step of the Adjustment of Status process with confidence and care. For the family petitions that often lead to adjustment, see our Family-Based Immigration page.