Adjustment of status in the U.S.: How to get your Green Card without leaving the country.

Feb 2510 min read

Adjustment of status is an immigration process that allows certain individuals in the United States to obtain permanent residency (Green Card) without having to leave the country. This process is essential for those seeking to legalize their immigration status safely and avoid the complexity of handling procedures at consulates abroad.

It is primarily intended for people who entered the country legally, have a family or employment sponsor, or qualify under exceptions such as victims of certain crimes or domestic violence. By choosing adjustment of status, applicants can continue living and working in the U.S. while their application is processed, providing peace of mind and stability during the process.

If you are looking for a way to get your Green Card without leaving the country and want to avoid complicated consular procedures, adjustment of status may be the solution you need. In this blog, we explain in detail who qualifies, the steps to follow, and key recommendations to help you navigate the process smoothly.

Who can qualify for adjustment of status?

Eligibility criteria

Adjustment of status is available to individuals who meet specific criteria established by U.S. immigration laws.

Below are the main categories of eligibility:

• Family sponsorship: Individuals with a direct relative who is a U.S. citizen or lawful permanent resident may apply for adjustment of status. This includes spouses, parents, and unmarried children under 21 of U.S. citizens.

• Employment sponsorship: Individuals with a permanent job offer in the United States may qualify if their employer submits the appropriate immigration petition. This sponsorship is common for skilled workers and professionals with in-demand skills.

• Refugees and asylees: Those admitted to the United States as refugees or granted asylum can apply for adjustment of status after being in that status for at least one year.

• Victims of crimes and domestic violence: Individuals who have been victims of certain crimes may qualify through T or U visas. Victims of domestic violence can also apply under the Violence Against Women Act (VAWA) without relying on the abuser to complete the immigration process.

• Special categories: Other situations that allow adjustment of status include being an investor meeting specific requirements, a religious worker, a member of special programs, or belonging to other categories recognized by U.S. immigration law.

Meeting at least one of these criteria is essential to start the process. Before applying, it is advisable to review your situation and the specific requirements of each category to avoid complications. For more information about this service, you can visit AttorneyDPC or explore the dedicated Adjustment of status page. You can also refer to the USCIS adjustment of status guide, a reliable and updated official resource.

Basic requirements

In addition to meeting the eligibility criteria, individuals seeking to apply for adjustment of status must fulfill certain basic requirements established by U.S. immigration laws.

These requirements are essential for the application to be accepted and processed correctly:

• Legal entry into the country: The applicant must have entered the United States legally, meaning they passed through an authorized port of entry and were inspected by an immigration officer. Entering with a valid visa or admission permit is crucial to qualify.

• Valid immigration status: The applicant should maintain a valid immigration status at the time of filing the adjustment of status application. Staying in the country beyond the expiration of a visa or status may affect eligibility unless certain exceptions apply.

• Visa availability (depending on the category): For most categories, a visa must be available as outlined in the U.S. Department of State’s Visa Bulletin. Immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21, are not subject to this limitation.

• No serious immigration violations: Individuals with a history of significant immigration violations, such as multiple illegal entries, prior deportations, or fraud in immigration applications, may be deemed inadmissible. However, certain waivers may be available depending on the circumstances.

Meeting these basic requirements is crucial to starting the process correctly. If you have questions about your eligibility or immigration situation, you can visit the Adjustment of status section. You can also refer to the official U.S. Department of State Visa Bulletin, a reliable source to verify visa availability based on your category.

What are the steps in the adjustment of status process?

1. Filing the immigration petition

The first step in the adjustment of status process is filing the immigration petition. This application is essential as it serves as the foundation to demonstrate that the applicant meets the requirements to apply for lawful permanent residency in the United States.

• Types of forms: The immigration petition varies depending on the applicant’s eligibility category. The most common forms are Form I-130 (Petition for Alien Relative) and Form I-140 (Immigrant Petition for Alien Worker). Form I-130 is used by U.S. citizens or lawful permanent residents to sponsor immediate family members, while Form I-140 is submitted by employers to sponsor qualified workers.

• Role of the sponsor: The sponsor is the person or entity responsible for initiating the immigration petition. In family-based sponsorship, the sponsor must prove the qualifying relationship with the applicant. For employment-based sponsorship, the employer must demonstrate that the applicant meets the job requirements and qualifications. The sponsor must also show proof of financial ability to support the applicant if necessary.

• Estimated approval times: Approval times for immigration petitions vary depending on the category and the U.S. Citizenship and Immigration Services (USCIS) workload. Form I-130 typically takes between 6 months to over a year to process, depending on the family relationship and country of origin. Form I-140 usually takes 6 to 9 months to process, though certain cases can be expedited with premium processing service.

2. Waiting for visa availability

After filing the immigration petition and receiving approval, the next step is to check visa availability. This step is crucial for most immigration categories, as the U.S. government limits the number of visas issued each year.

• How to check the Visa Bulletin: The U.S. Department of State publishes the Visa Bulletin monthly, which indicates visa availability based on preference category and country of origin. To check it, locate your category and priority date in the bulletin. If your priority date is earlier than the date listed, your visa is available, allowing you to proceed with the adjustment of status application.

• Exceptions for immediate relatives of U.S. citizens: Spouses, parents, and unmarried children under 21 of U.S. citizens are not subject to the Visa Bulletin limitations. This means they can directly file Form I-485 without waiting for visa availability.

3. Filing Form I-485

Form I-485 is the official application to adjust your status to lawful permanent resident. Filing this form accurately is essential to avoid delays and ensure your process moves forward smoothly.

• Required documents: Your application must include essential documents that support your eligibility. These are detailed in the Key documents section below.

• Current costs and fees: The standard filing fee for Form I-485 is $1,440, which includes biometrics services. It’s advisable to verify the latest fees using the USCIS fee calculator, as costs may vary based on the applicant’s age and immigration category.

• Benefits of applying for the Employment Authorization Document (EAD) and advance parole: When submitting Form I-485, you can simultaneously apply for a work permit (Form I-765) and a travel permit known as advance parole (Form I-131). These permits allow you to work legally and travel temporarily outside the U.S. while your adjustment of status application is pending.

Key documents

To ensure that Form I-485 is processed without issues, you must include the following documents:

• Authorized medical examination: The examination must be conducted by a USCIS-approved civil surgeon to confirm that the applicant does not have medical conditions posing a public health risk.

• Sponsor’s income evidence: You must include the Affidavit of Support (Form I-864) along with supporting documents such as recent tax returns and W-2 forms from the sponsor. This ensures the applicant will not become a public charge.

• Criminal background certificates: Applicants must provide police clearance certificates from all countries where they have lived for more than six months after turning 16. These documents help verify that the applicant has no criminal history that could affect admissibility.

Submitting complete and updated documents is essential to prevent delays or denials. For more information, you can visit the USCIS Form I-485 page.

How long does the adjustment of status process take?

Estimated processing times

The processing time for adjustment of status can vary depending on several factors, including the immigration category, the USCIS office handling the application, and current workload levels. Below are the average processing times and key factors that may influence the duration of the process.

• Average time for Form I-485 approval: On average, Form I-485 takes between 8 to 14 months to process. However, this timeframe can vary depending on the category under which the application is submitted and the specific USCIS field office managing the case.

• Factors that may speed up or delay the process:

• USCIS workload: Offices with higher volumes of applications may have longer wait times.

• Completeness of the application: Submitting all required documents from the beginning can accelerate processing.

• Security and background checks: These checks may extend the timeline if any issues require further investigation.

• Errors or inconsistencies in the application: Mistakes can trigger a Request for Evidence (RFE), delaying the decision.

To check updated processing times based on your location and category, you can use the official USCIS Processing Times tool, a reliable source for the most current information. For personalized guidance, visit AttorneyDPC.

Common mistakes to avoid

Making errors during the adjustment of status application can lead to significant delays or even denial of the case.

Here are the most frequent mistakes and how to prevent them:

• Errors in forms: Providing incorrect information, leaving blank sections, or using outdated versions of forms can result in your application being returned. Always ensure the information matches your official documents and use the most recent forms available on the USCIS website.

• Delays due to incomplete or incorrect documentation: Failing to include all required documents or submitting illegible copies can trigger Requests for Evidence (RFE), which prolong processing times. Follow the specific instructions for each document and ensure all attachments are clear and complete.

• How to ensure you submit everything correctly from the start:

• Double-check all form information for accuracy and completeness.

• Use the USCIS filing guidance to confirm the required documents.

• Review payment instructions to avoid rejections due to incorrect fees.

• Consider consulting an immigration attorney to review your application package before submission.

Recommendations and useful resources

Practical tips for a successful process

The adjustment of status process can be complex, but following certain recommendations can help you avoid setbacks and speed up the approval of your application.

Here are some practical tips:

• Use official tools like the USCIS fee calculator: Before submitting your application, ensure you pay the correct amount by using the USCIS fee calculator. Paying the wrong fee can result in your application being returned, causing delays.

• Consult an immigration attorney if you have complex immigration history: If you have prior immigration violations, deportations, or legal issues that could affect your eligibility, it’s advisable to seek advice from an experienced immigration attorney. Professional guidance can prevent mistakes that may complicate your case. For personalized assistance, you can visit AttorneyDPC to receive expert support.

• Keep your address updated with USCIS: If you move during the process, notify USCIS as soon as possible using Form AR-11. Failing to update your address may cause you to miss important notifications. You can easily do this through the official USCIS website.

Conclusion

Adjustment of status is a valuable option for obtaining permanent residency in the United States without leaving the country. Throughout this blog, we covered the eligibility criteria, essential steps of the process, key required documents, and practical tips to increase the chances of success. Meeting the requirements, submitting the correct documentation, and understanding each stage of the process are crucial to avoid delays or complications.

Preparation and accuracy at every step are vital. Even a small mistake on the forms or missing documents can significantly extend the processing time. Therefore, it is essential to carefully review all information before submitting your application.

If you have questions about your specific case or face complex immigration situations, consulting an immigration attorney can make the difference between a smooth process and one filled with obstacles. For personalized guidance and to ensure your application is submitted correctly, you can visit AttorneyDPC or explore the Adjustment of status page. Having professional support can provide the peace of mind and security you need during this important process.

Frequently asked questions (FAQ)

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

Yes, you can work legally in the United States while your adjustment of status application is pending if you apply for and receive an Employment Authorization Document (EAD) through Form I-765. This permit is typically processed within 3 to 5 months and allows you to work until a decision is made on your adjustment of status. For more details on how to apply, you can visit the Adjustment of status page.

What happens if I travel outside the U.S. while waiting for my adjustment of status approval?

Traveling outside the United States without first obtaining a travel permit (advance parole) can result in the cancellation of your application. If you need to leave the country during the process, you must apply for Form I-131 to get this permit. Traveling without it may be considered as abandoning your application, which can cause delays or even a denial. To avoid such issues, consider seeking advice from an immigration attorney at AttorneyDPC.

How long can I stay in the United States after filing Form I-485?

Once you file Form I-485 and receive a receipt notice (Notice of Action), you can remain legally in the United States while your application is pending, even if your original visa expires during this period. It is essential to keep your documentation current and stay informed about USCIS notifications to prevent complications.

What should I do if I receive a Request for Evidence (RFE)?

If USCIS issues a Request for Evidence (RFE), it is crucial to respond within the specified deadline (usually between 30 to 90 days). Provide all requested information accurately and completely. Ignoring or missing the deadline can lead to a denial of your application. If you are unsure how to respond to an RFE, professional guidance from AttorneyDPC can help you handle the situation effectively.

What happens if my adjustment of status application is denied?

If your application is denied, you will receive a notice explaining the reasons for the decision and outlining available options. In some cases, you may appeal the decision or file a motion to reopen or reconsider the case. For more complex situations, exploring alternative immigration options may be necessary. To determine the best course of action for your case, consult with an immigration attorney through the Adjustment of status page.