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What is an Adjustment of Status?

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A foreign-born citizen on a temporary visa in the United States to live or work can use an adjustment of status to obtain lawful permanent residency. An adjustment of status is the process by which a person attains an immigrant visa or green card.

Generally, all foreign-born individuals must be in a lawful status to seek an adjustment of status, or the United States Citizenship and Immigration Services will deny their application. For example, suppose an immigrant overstayed the U.S. on an expired visa or never had a lawful status. In that case, a status adjustment is impossible for these non-citizens.

We can quickly determine if you are a candidate for an adjustment of status when you speak with our experienced immigration attorney.

Am I Eligible for an Adjustment of Status?

An adjustment of status is an application filed by a foreign-born citizen in the United States who wants to change their non-immigrant status to immigrant or permanent resident. To be eligible, an immigrant must meet the following criteria:

  • Proof of residence in the United States
  • An immigration petition must have been approved
  • An immigrant must have entered the United States legally
  • There must not be any change in an immigrant’s circumstances that might hinder eligibility, such as employment

During our consultation, our attorney will review your case and determine your eligibility for an adjustment of status.

What is Form I-185?

Form I-185 is the official green card application for individuals looking to pursue an adjustment of status. Different requirements are needed to complete and file Form I-185 for immediate relatives, individuals in the United States for employment, and special immigrant juveniles.

For example, family preference immigrants must meet the exact requirements as immediate relatives and provide additional proof regarding lawful status, documentation regarding a relationship to the applicant, and additional forms mandated by the USCIS.

We will ensure that you provide all necessary documentation and proof required by the USCIS to ensure a seamless process.

What Happens After Approval?

An adjustment of status approval usually takes eight to 14 months for family-based applications and sometimes longer for other forms, such as employment-based or special immigrant juvenile applications. However, a perk is that immigrants may remain in the United States as they await the arrival of their status adjustment.

Our attorney helps vet your eligibility and fulfill the requirements to cut down on time and money. It’s also part of our job to ensure we fix any issues that delay or stand in the way of your achieving lawful permanent residency. Contact our firm for assistance with Form I-185 or the application process and schedule a consultation with our experienced immigration attorney at 408-402-4967.

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