Adjustment of status

Through adjustment of status, some immigrants who have legally entered the United States on eligible visas can apply for and obtain a Green Card .

However, like any immigration process, it can be complex, so it is advisable to have the advice of our immigration lawyers in Los Angeles. This will increase the chances of a successful process.

What is an adjustment of immigration status in the United States?

Adjustment of status is the process by which an immigrant can apply for lawful permanent residence (Green Card) without having to leave the United States. 

That is, the foreigners can become a US resident without having to return to their country of origin to complete the process.

Note: If you are outside the US, you must obtain the visa through the consular process in your country of origin.

What are the advantages and disadvantages of adjustment of status?

The main advantage is that adjustment of status allows the immigrant to remain in the US with their family throughout the process. This avoids travel costs and prolonged separation from loved ones. 

However, the disadvantage is that the process is usually longer than consular processing and, if denied, offers fewer options to appeal the decision.

How to request adjustment of immigration status in the United States in 2024?

To request adjustment of immigration status in the US, you must go through the following steps:

Step 1: Determine if you are eligible to apply for a Green Card

Immigration laws offer several ways for foreigners to come to enter and live in the United States legally.

Consequently, eligibility requirements vary by immigrant category. That being said, the first step in the adjustment of status process is to verify if you qualify within a specific category.

Step 2: File an Immigrant Petition

Most individuals applying for lawful permanent residence must complete at least 2 forms: 

• An immigrant petition, and 
• A Green Card application. 

Generally, another person must file the petition on your behalf (as sponsor or petitioner). Of course, in some cases, you can file the petition yourself. 

The most common forms are usually the family petition where our family-based immigration lawyer may help you and asylum in the United States.

Note: Most categories require an approved immigrant petition before filing for adjustment of status. 

Step 3: Check visa availability

Generally, you cannot adjust immigration status until a visa in your category is available. 

For information on visa availability, see the Department of State’s Visa Bulletin and Priority Dates page. You can also consult with our professionals.

Step 4: File Form I-485 with USCIS

If you are in the US and eligible to adjust status, you can file Form I-485 with USCIS. 

For this step, it is important to review the direct filing addresses for Form I-485 to know where to file your application.

If you are applying to adjust status under 245(i) immigration law, you must complete both Form I-485 and Supplement A in this form.

Step 5: Attend the appointment at the Application Assistance Center

After you file Form I-485, you will receive a notice for your biometric services appointment at an Application Assistance Center (ASC). 

There, your fingerprints, photograph and signature will be taken. This will be to verify your identity and perform required background and security checks.

At the appointment, you will be required to sign an acknowledgment certifying that all information on your application is complete, true and correct. Failure to do so may result in your application being rejected.

Step 6: Attend an interview with a USCIS officer (if applicable)

A USCIS officer will review your case and determine if you need an interview. If one is scheduled, you will be required to answer certain questions under oath regarding your request. 

You will receive a notice with the date, time and location of the interview. Additionally, you must bring all original documentation submitted with your application.

Step 7: Respond to the request for additional evidence (if applicable)

In some cases, USCIS may request additional evidence. This usually occurs if you did not present all the required evidence or the evidence presented is no longer valid.

Either way, the application will tell you what evidence is needed and the deadline to respond. If you do not respond in time, your application may be rejected.

Step 8: Check the status of your case

You can check the status of your case online or by calling the USCIS telephone contact center. 

Individuals who are hearing impaired also have an option available to contact this agency. 

Step 9: Wait for a decision

When USCIS makes a decision on your application, you will receive written notification.

• If approved, you will receive an approval notification and then your Green Card.
• If it is denied, the notice will explain why and whether you can appeal the decision. 

Although you generally cannot appeal, you can file a motion to reopen or reconsider your case using Form I-290B.

Who is eligible to apply for adjustment of status in the United States?

To be eligible to apply for adjustment of status, you must have an immigrant visa immediately available. 

You also need to be physically present in the US at the time you apply and remain in the country while it is processed. 

Additionally, you must have entered the country legally. Therefore, you will not be able to apply for adjustment of status if you entered the United States illegally.

What happens if I do not meet the conditions for adjustment of status?

If you do not meet the criteria to adjust your status, one of the following scenarios may occur:

Submitting additional evidence

In the event that your application is incomplete, USCIS may issue a request for evidence (RFE), giving you the opportunity to provide the missing information. Mind you, this could delay the processing of your Green Card.

Reapply for adjustment of status

If your application is rejected and your visa is still valid, you can try to apply again. However, if your visa has expired, you will need to leave the US immediately.

Face Removal proceedings

You must maintain legal status in the U.S. If you are found with an expired visa, you may be detained and face deportation proceedings. 

Deportation may affect your eligibility for future immigration proceedings and prevent you from returning to the United States for a certain period.

What are the requirements to carry out the adjustment of status?

To be eligible to adjust your status, you must meet the criteria to obtain a Green Card in one of the following categories:

• Family: You must be a spouse, child, parent, or other immediate family member of a U.S. citizen or lawful permanent resident.
• Employment: You may qualify through your employer’s sponsorship or based on your own professional achievements and skills.
• Other means: You may also be eligible for humanitarian reasons, through the diversity lottery, or other specific reasons.

Note: Currently, there is a legal initiative known as the “Venezuelan Adjustment Act” which would act in a similar manner to the current Cuban Adjustment Act.

What documents do I need to request adjustment of status?

To apply for adjustment of status, you will need to collect the following information:

• Form I-485;
• Affidavit of support, Forms I-864 and I-864A (if applicable);
• Two passport photos;
• Government-issued photo identification;
• Employment authorization document (if applicable);
• Copy of your birth certificate;
• Copy of marriage certificate or divorce decree (if applicable);
• Form I-94, arrival and departure record;
• Copy of the medical examination and vaccination results;
• Copy of the documents that prove your nonimmigrant status (if applicable);
• Copy of judicial or police records (if applicable);
• Form I-797 (approval notice);
• Form I-601 (in case of requesting any of the types of immigration waivers of inadmissibility).

You should not send original documents unless USCIS requests it. Additionally, you must provide English translations of documents in other languages. If you are the main applicant, each member of your family will need to submit their own documents.

Note: This list of documents is not complete and may require additional documents. Therefore, it is advisable to consult with our immigration lawyers.

What are the 6 steps to residency?

The 6 general steps to obtain lawful permanent residence are:

1. Submit a request: Start the process by submitting the corresponding request.
2. Starting the process with the NVC: Begin the process with the National Visa Center (NVC).
3. Pay Fees: Pay the fees required for your application.
4. Statement of Financial Support: Please provide a statement of financial support.
5. Financial Documents: Submit the required financial documents.
6. Complete your DS-260 application: Complete and submit Form DS-260.

How much does an adjustment of status cost in 2024?

The cost of adjustment of status varies depending on your situation. For example:

• Filing Form I-130 costs $675; 
• After approval, you will need to pay an additional fee for Form I-485, usually $1,440; 
• If you are under 14 years of age and file Form I-485 with a parent, the fee will be $950. If you file on your own, the total cost is $1,440; 
• If you apply to adjust your refugee status, the fee is completely waived.

To summarize, the cost varies, but would typically run up to $2,115. 

For more information on how to fill out Form I-130, we invite you to read our respective publication. 

How long does the adjustment of status process take?

The length of the adjustment of status process depends on your adjustment category and the USCIS office handling your application. 

For example, I-485 applications filed by family members of American citizens typically take between 8 and 14 months.

How long does the marriage adjustment of status process take?

The process of adjustment of status due to marriage may vary as follows:

• Between 10 and 23 months for the spouse of a US citizen, and 
• Between 29 and 40 months for the spouse of a lawful permanent resident.

Note: It should be noted that in some cases, the time it takes to adjust status will also depend on how much immigration work or workload you have. 

What is the 90 day rule for adjustment of status?

The 90-day rule for adjustment of status is a guideline used by USCIS to evaluate whether an applicant has misled about their intentions upon arriving in the US.

Under this rule, if you apply for adjustment of status within 90 days of arriving in the country, USCIS can infer that you intended to immigrate permanently when you entered. This could negatively affect your adjustment of status application.

Although it is possible to prove that you did not intend to emigrate at the time of your entry, you will need to provide convincing evidence. 

What happens after I adjust my status in the United States?

After adjusting your status in the United States, you will receive your Green Card. With it, you will be able to work and reside freely throughout the country. You will also be able to travel abroad and return, in addition to having a path to American citizenship in the future.

If your adjustment of status was through marriage and you were recently married, you will likely receive a conditional Green Card valid for 2 years. At the end of that period, you’ll need to upgrade your card to a full 10-year version.

Frequently Asked Questions About Adjustment of Status

Who needs to adjust their status?

To obtain a Green Card in the United States, you must adjust your status. If you don’t want one, you don’t need to adjust your status. 

Once you obtain lawful permanent residence, you will not have to adjust your status again. However, you may choose to become an American citizen in the future, as long as USCIS approves ypur naturalization application.

Is it mandatory to carry out the interview for a change of status?

Not all change of status applicants are required to complete a formal interview. 

Generally, interviews are required only for family-based adjustments or certain employment cases. This is for the purpose of verifying the authenticity of the relationship or job application. 

However, USCIS may choose not to require an interview if there is sufficient evidence to approve the application.

Can I adjust my status with a student visa?

It is possible to adjust your status with an F-1 student visa. A common way is to do so through marriage to a US citizen or if an employer is willing to sponsor you for a Green Card.

It should be noted that it is crucial to maintain your student status until your adjustment of status application is approved. 

Can I work and travel while my adjustment of status application is pending?

Generally, while your adjustment of status application is pending, you can work and travel under certain conditions. To do this, you must apply for employment authorization using Form I-765.

However, if you plan to travel outside the United States, you should be careful. This is because leaving the country may cause USCIS to consider that you have abandoned your application and could lead to a denial. 

How can the immigration attorneys at Lluis Law help you with adjustment of status?

At Lluis Law, our immigration attorneys are willing to help you process the adjustment of status so that you can obtain your lawful permanent residence.

With more than 50 years of combined experience, we offer personalized legal advice. We address any obstacles that may arise, ensuring that your case moves forward smoothly. 

Additionally, we keep you informed about the status of your case and any changes in immigration laws that may affect you.

Our commitment is to guide you towards the legalization of your immigration status with efficiency and dedication, so that you can achieve your goals in the United States. At Lluis Law, we are here to guide you in building a secure and prosperous future.

Call now and get the legal advice you need to adjust your status and become a lawful permanent resident.