The adjustment of status process, often referred to as applying for a green card from within the United States, is a crucial step in the immigration journey. At Karlin & Karlin, our experienced adjustment of status lawyer is here to guide you through every stage, ensuring your application is handled with care and precision. Whether you’re seeking permanent residency for yourself or a loved one, our team is dedicated to helping you achieve your immigration goals.
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Adjustment of Status vs. Consular Processing: What’s the Difference?
While adjustment of status allows individuals already in the United States to apply for a green card without leaving the country, consular processing requires applicants to complete the process through a U.S. embassy or consulate in their home country. Each method has its benefits and drawbacks. Adjustment of status can be a more convenient option for those who are already in the U.S., as it eliminates the need for international travel.
On the other hand, consular processing may be necessary for individuals who are not eligible to adjust their status from within the country or for those currently residing abroad. Deciding which pathway to pursue will depend on personal circumstances, eligibility requirements, and immigration priorities.
Who Is Eligible for Adjustment of Status?
Not all immigrants in the United States can apply for adjustment of status. Eligibility criteria vary by immigration category, but generally include:
- Immediate relatives of U.S. citizens or green card holders: Spouses, unmarried children under 21 years of age, and parents of U.S. citizens have priority, but spouses and unmarried children of lawful permanent residents are also eligible.
- Skilled workers: Those who demonstrate that their work benefits the United States may be eligible under certain employment categories.
- Other immigration categories: Other immigrants who may be eligible for adjustment of status include asylum holders, investors, and those qualifying under humanitarian programs.
Adjustment of Status Application Requirements
Applying for adjustment of status involves several requirements and procedures that must be carefully followed to avoid delays or denials.
Key requirements include:
- Form I-485, Application to Register Permanent Residence or Adjust Status – the main application form.
- Proof of Lawful Entry – such as an I-94 record, visa stamp, or other evidence of authorized entry into the U.S.
- Identity and Civil Documents – birth certificate, passport, marriage certificate (if applicable), and other official records.
- Medical Examination (Form I-693) – completed by a USCIS-approved physician.
- Financial Support Evidence – Form I-864, Affidavit of Support, to show the applicant will not become a public charge.
- Biometric Services – fingerprints, photographs, and signature for background checks.
It is crucial to understand all requirements of this process and provide complete and accurate documentation. Other factors, such as illegal entry into the country or a criminal record, can complicate or even make adjustment of status impossible.
Given its complexity, it is advisable to seek the assistance of an immigration attorney to navigate the adjustment of status process successfully.
Benefits of Adjustment of Status
Once granted, permanent residency offers several rights and privileges, such as living and working legally in the U.S. with few restrictions, accessing education and health services, the ability to sponsor family members for immigration visas, and eventually being eligible to apply for U.S. citizenship.
Experienced Legal Help, Delivered with Care and Commitment.
Do I Need an Adjustment of Status Lawyer?
An adjustment of status lawyer can guide you through every step of the application process to help ensure everything is completed correctly. They review your situation carefully to spot any potential issues before filing, prepare the required paperwork, and represent you throughout the process.
With professional help, you reduce the chances of mistakes or delays that could affect your case. Our team provides dedicated support from start to finish, making sure all requirements are met and your application is presented in the best way possible. Contact us today to find out how we can help with your adjustment of status.
Common Questions Asked to Adjustment of Status Lawyers
Can I Work While My Adjustment of Status Application Is Pending?
Yes. You can apply for an Employment Authorization Document (EAD) while your adjustment of status is being processed, allowing you to work legally in the U.S.
How Long Does Adjustment of Status Take?
The timeline depends on factors like visa availability, the applicant’s category, and USCIS processing times. On average, it can take anywhere from several months to over a year.
How Much Is the Adjustment of Status Fee?
The adjustment of status fee is typically $1,440 for Form I-485, which includes biometric services. However, applicants under 14 filing with a parent pay $950. Fee waivers may be available for those who meet financial hardship requirements. All adjustment of status cases submitted or adjudicated by the immigration court have a $1,500 filing fee. Fees are subject to change so check the USCIS fee schedule for the most updated numbers.
Can I Travel Outside the U.S. During Adjustment of Status?
You must first apply for Advance Parole. Leaving the U.S. without this document may result in your application being considered abandoned.
What Happens If My Adjustment of Status Application Is Denied?
If denied, USCIS will provide a written explanation. Depending on the reason, you may be able to file a motion to reopen, appeal, or reapply if eligible. Consulting an immigration lawyer is strongly recommended.
Can Family Members Be Included in My Adjustment of Status Application?
Yes. Spouses and unmarried children under 21 may qualify as derivative applicants, meaning they can apply for adjustment of status based on your eligibility.
Is an Interview Always Required for Adjustment of Status?
In most cases, USCIS requires an in-person interview to confirm eligibility and review your documents. However, some cases may be waived at USCIS’s discretion.
Schedule an Adjustment of Status Lawyer Consultation
Our team of immigration attorneys is ready to guide you on everything from immigration visas, adjustment of status (“green card”), deportation defense, and citizenship.
We have offices in Corona, Glendale, California, and Las Vegas. Contact us now to schedule your free consultation. Working together, we can make your dreams of a new beginning a reality!
