Adjustment of Status

If you’re already in the United States and you’re ready to become a lawful permanent resident, adjustment of status can help you work through this process without having to return to your home country. This process can be complicated and requires extensive documentation, which is why we recommend working with an experienced adjustment of status lawyer.

At Immigration Spurgin, we help you avoid unnecessary delays, submit the strongest application possible, and move forward with confidence and excitement about this next step. Ready to get started? Call us at 915-779-2800.

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What is Adjustment of Status?

Adjustment of status is the process of applying for a green card while you’re in the United States instead of going to a U.S. consulate in another country. Rather than having to go through the process from outside the country and wait for approval to enter the country, you simply adjust your current status while remaining in the United States. This makes it an ideal option for those who have families and other obligations in America.

Generally, people find this process more convenient than consular processing. Having said that, not everyone qualifies. Working with an adjustment of status lawyer can help you determine if you qualify and what your next steps should be.

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Who May Qualify for Adjustment of Status

There are several ways you may qualify for adjustment of status. Qualifying individuals include:

  • Immediate relatives of U.S. citizens, including spouses, parents, and unmarried children younger than 21
  • Family preference category applicants
  • Employment-based applicants
  • Refugees and asylum seekers
  • Those applying under humanitarian programs, including VAWA or U visas

Note that even if you fit into one of these categories, you may still not qualify—especially if you have any history of unlawful presence in the United States, immigration violations, or disqualifying criminal offenses. It’s crucial to have an adjustment of status lawyer review your situation before filing.

Adjustment of Status After Marriage

If you’re seeking adjustment of status after marriage to a U.S. citizen or lawful permanent resident, you may be able to streamline this process. You may be able to file your immigration petition (Form I-130) and your adjustment of status application (Form I-485) at the same time. Concurrent filing can save you time during this high-stakes process.

If you’ve been married for less than two years when you are approved for adjustment of status after marriage, you may receive a conditional green card. You can later apply to have those conditions removed.

You should expect an in-depth review of your marriage by USCIS. They often analyze these cases closely to verify that the marriage is genuine. Your adjustment of status lawyer can help you prepare and ensure you have adequate evidence

Steps to Take and How Your Adjustment of Status Lawyer Can Help

After clients ask, “what is adjustment of status?”, they ask “what does the process look like?” The general process goes:

  1. File an immigration petition.
  2. File Form I-485, Application to Adjust Status.
  3. Attend a biometrics appointment.
  4. Apply for a work permit (EAD) and travel authorization (Advance Parole), if needed.
  5. Attend your USCIS interview.
  6. Receive your final decision.

Processing times can vary dramatically, and you should expect delays. This makes careful preparation even more important.

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Common Challenges in Adjustment of Status Cases

Working with an adjustment of status lawyer can help you prepare for potential challenges, including:

  • Missing or incomplete documentation
  • Requests for Evidence
  • Prior visa overstays
  • Criminal history
  • Immigration violations
  • Long processing times
  • Case backlogs

Documents Needed for Adjustment of Status

A successful application requires extensive documentation. While requirements vary depending on your specific case, applicants typically need:

  • Proof of identity
  • Evidence of lawful entry into the United States
  • Documentation supporting your eligibility of your immigration category
  • Financial sponsorship forms
  • Documentation of the required medical examination

The more thorough you are with your documentation now, the more time you can save yourself down the road.

What to Expect at the Interview

Most applicants must attend an interview with USCIS. USCIS conducts these interviews to verify the information in your application and assess your eligibility. If you are applying for adjustment of status after marriage to a citizen or permanent resident, plan on answering detailed questions about your relationship, daily life together, history, and responsibilities at home.

Adjustment of Status How Immigration Spurgin Can Help

At Immigration Spurgin, we provide guidance throughout this process. We can evaluate your eligibility before filing, prepare and review your application forms, ensure that you have all supporting documentation, respond to Requests for Evidence, and prepare you for your interview.

Ready to set up a consultation? Call us at 915-779-2800 or send us a message online to talk to an adjustment of status lawyer.

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