Filling of an Adjustment of Status

By author | April 8, 2022 |

Adjustment of Status is the process of applying for lawful permanent residency in the United States. This is the process to apply for a Green Card!

There are some possibilities to become a lawful permanent resident: 

  • With the help of family members;
  • With a job or job offer;
  • Seeking Asylum;
  • Special Immigration;

To get Permanent Residency Status through Adjustment of Status is for those who are already in the United States legally.

What Is the objective of the Adjustment of Status?

A Green Card allows someone to work and live in the United States as a legal permanent resident.

Adjustment of Status provides applicants the opportunity to get a Green Card by using the eligible visa they already have and without the need to go back to their home country.

Who is Eligible to file an Adjustment of Status?

The answer is it depends because the kind of Green Card you apply for depends on your current visa status.

Green card eligibility fits in three categories, with a variety of visas according to each category. You can qualify through:

  • Family: you may be eligible if you are an immediate family member, a relative of a U.S. citizen or lawful resident, or a fiancé or widow of a U.S. citizen;
  • Employment: Some employment-based immigration visas are eligible;
  • Special Immigration: You may be eligible if you are qualified as a special immigrant;
  • Other: Your status depends on your situation in the US;

What is Adjustment Status Filing?

An Adjustment of Status is an application filed by an immigrant who is physically in the United States.

Form I-485 is destinated to change his or her nonimmigrant status to immigrant or permanent resident status.

Can I work while my adjustment of status is pending?

Yes. You can work under your current non-immigrant status if it is valid, the exception is if you are an H-1B or L-1, your non-immigrant status cannot be extended once you have applied for an I-485.

Step-by-Step

Step1: Check Your Eligibility

Identify if your current visa status can be used to apply for adjustment of status.

Step 2: File an Immigrant Petition

An immigrant petition needs to be filed before filing an I-485, the adjustment of status form. Most immigrant petitions also require a sponsor to petition on your behalf.

Common immigration petition forms and filing fees are:

Form I-130: Family and relative green card:  $535 fee;

Form I-140: Petition for an immigrant worker: $700 fee;

Form I-601: Special Immigrant Juveniles: $930;

Tip.: If you wish a guaranteed 15-day processing time, you must use Form I-907 with a $2500 filing fee;

Step 3: Check Visa Availability

A Form I-485 cannot be filed until a visa is available for you.

Step 4: Form I-485

When your visa is available, you’ll file your Form I-485 and send it to USCIS.

Step 5: Biometrics Appointment

The USCIS will send you a notice for a biometrics appointment where you’ll get your fingerprints and eye screening done.

Step 6: Interview (if applicable)

You may be asked to have an adjustment of status interview.

Step 7: Present Additional Evidence (if applicable)

USCIS can require you present additional information or proofs.

Step 8: I-485 Status Updates

You can track your adjustment of status application status during the process.

Step 9: Decision

The USCIS will send you a written decision notice.

What Happens if USCIS Denies my Application?

If USCIS denies your application in some cases, you are eligible for an appeal or motion to reopen (it does not apply to all cases its on a bases case only).

If you had a work permit from filing the Form I-765 application, it will also no longer be valid, and you’ll have to stop working.

USCIS may deny your adjustment of status application for some reasons:

  • You may have filled out a form incompletely or incorrectly;
  • You may have included the wrong filing fees for your application forms;

During the interview, the officer found out that you’re not eligible for the application kind you applied for.

In some cases, you can submit a new application and your case will have to start all over but make sure you legible to refiling it first.

How long does it take for adjustment of status to be approved?

Completing an Adjustment of Status process through marriage, for example, can take 10–13 months if your spouse is a U.S. citizen, or 29–38 months if your spouse is a Green Card holder.

If you have any doubt, click here to see how we can help, make your American dream come true!

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