Family Based Immigration Attorneys

Adjustment of Status Attorney

If you are currently residing in the United States and are ready to become a permanent and legal resident, the family immigration attorneys at Family Visa specialize in status adjustment, and can help you start the process. Our multilingual team of legal professionals can help you figure out which category you qualify under and assist you through the various steps of the application process, from completing the required documentation to preparing for the interview. Contact us today to schedule a free consultation and discuss your situation.

What Is Adjustment of Status?

There are two ways to obtain legal and permanent residence in the United States: adjustment of status and consular processing.

When you apply for adjustment of status (also known as applying for a Green Card), you can obtain lawful and permanent resident status while remaining in the United States. Consular processing is what you would use to obtain your visa if you are outside of the U.S.

What Are the Eligibility Requirements to Apply?

Not every foreign citizen is eligible to apply for adjustment of status. In order to have this option, an applicant must meet the following adjustment of status eligibility requirements under INA 245(a):

  • You must be physically present in the United States.
  • You must have been inspected and admitted to the United States, or inspected and paroled into the United States.
  • You must properly file an adjustment of status application.
  • You must be eligible to receive an immigrant visa.
  • An immigrant visa must be available immediately after you file the adjustment of status application and at the final adjustment.
  • You must be admissible to the U.S. for legal and permanent residence or eligible for a waiver of inadmissibility.
  • Your application must warrant a favorable exercise of consideration.

Steps to Applying for Adjustment of Status

  1. Determine your category: In order to apply for a green card, you must determine which immigrant category you fall under: family, employment, special immigrant, refugee or asylee, human trafficking and crime victims, victims of abuse, other, and registry.
  2. File an immigrant petition: Most green card applicants need to complete two forms: an immigration petition and a green card application. Someone else, such as your employer or family member, will typically file an immigration petition for you.
  3. Check for visa availability: You won’t be able to file your Form I-485 until a visa is available in your category.
  4. File Form I-485: You will need to file a Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS, if you are in the U.S. and eligible for adjustment of status.
  5. Attend your Application Support Center appointment: After filing your Form I-485, you will receive notice to attend a local Application Support Center to provide your fingerprints, photograph, and signature.
  6. Attend your interview, if needed: USCIS officials will determine whether or not an interview is required in your case. If you are called in, make sure to bring all originals of the documentation submitted along with the Form I-485 application.

Call Us Today to Start the Process

The benefit of obtaining permanent, legal residence status through adjustment of status is that you can complete the process without returning to your country of origin.

At Family Visa, our attorneys can review your eligibility to apply for adjustment of status, determine which category you fit in, answer any questions you have regarding the process, and prepare your application efficiently and thoroughly. We can also help prevent any unnecessary delays in the process.

Start your adjustment of status process by contacting the immigration lawyers at Family Visa today.