Everything You Need To Know
About Adjustment of Status
U.S. Citizenship and Immigration Services (USCIS) processes hundreds of thousands of adjustment of status applications each year. If you’re already in the United States, the adjustment of status process may allow you to become a lawful permanent resident, also known as a green card holder, without ever having to return to your home country.
Plenty of nonresidents are in the U.S. legally because they were granted a nonimmigrant visa. While nonimmigrant visas aren’t allowed to be used as a path towards becoming a lawful permanent resident, plans can change. A student may be offered a permanent job; a temporary worker may fall in love. USCIS policy updates recently affirmed that a nonimmigrant can intend to return home but simultaneously hope for an opportunity to stay. That’s where adjustment of status comes in.
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What Is Adjustment of Status?
If you are physically outside of the U.S., you must apply for lawful permanent resident status through consular processing, but if you are already physically and legally in the U.S., you might be able to get a green card without leaving.
Adjustment of status is the process of applying for a green card through USCIS while already in the United States.
D’Alessio Law Group has helped thousands of immigrants get green cards with adjustment of status, whether it was through a familial relationship, employment or other means.
If you’re looking to adjust your status, schedule a free consultation with our team.
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Who Can Apply for an Adjustment of Status?
One thing is very clear though: You can’t enter the U.S. on a temporary visa with the intent to manipulate the system into giving you a green card. When you apply for a temporary visa, you are declaring that your stay is temporary and your intent is to return home. Every visa offered by the United States to noncitizens has a specific purpose. Lying about your intent when applying for a temporary visa is illegal.
Although, as mentioned previously, immigration officials know that plans can change. If an opportunity is presented to you and you now wish to pursue permanent residency from within the country, U.S. immigration law may provide a pathway for that.
Step 1: Immigrant Petitions- Form I-130 and more
If you’re in the U.S. and want a green card, you typically must become a named beneficiary on a new immigrant visa petition first. Typically, someone else must file the immigrant visa petition you your behalf and act as your sponsor.
Some options exist for self-petitioning depending on your circumstances. Also, some special nonimmigrant classifications allow protected noncitizens to file an adjustment of status following a waiting period. An experienced immigration attorney can determine the most appropriate way to apply for a green card depending on your specific situation.
An immigrant visa approval is the most common way to become eligible to apply for an adjustment of status. If someone is willing to sponsor an immigrant visa on your behalf, they must do both of the following:
- File the immigrant visa petition on your behalf and follow through with the process
- Accept financial responsibility for you until you are either a U.S. citizen or you have worked at least 40 quarters (about 10 years)
Potential sponsors for your immigrant visa include:
- Certain family members who are citizens or lawful permanent residents – very specific rules determine which relatives can sponsor you
- S. employers, including U.S. churches and organizations
- Yourself – through an employment-based petition with a National Interest Waiver or on account of an extraordinary ability you possess
- Yourself – through special pathways provided to certain victims of abuse
The easiest and quickest path towards a green card is often through a family member willing to sponsor your immigrant visa. The specific petition for this is Form I-130, Petition for Alien Relative.
Form I-130 is the form that a family member submits on your behalf. In recent years, the approval rate for Form I-130 has exceeded 99 percent.
Step 2: Form I-485- Adjustment of Status
Once an immigrant petition has been approved, the next step in the process is to file Form I-485, also known as the Application to Register Permanent Residence or Adjust Status. This form allows individuals who are eligible to transition from their current nonimmigrant status to that of a lawful permanent resident within the United States.
It’s important to gather all necessary documentation, including evidence of continuous lawful status in the U.S. and any other supporting materials that may be required. Under most circumstances, your immigration attorney will also submit a Form I-693, Report of Immigration Medical Examination and Vaccination Record at the same time.
Submitting Form I-485 involves additional fees, and applicants should be prepared for a biometrics appointment, where fingerprinting and photography will take place. After the submission, U.S. Citizenship and Immigration Services (USCIS) will review the application, which may include an interview where applicants can present their case in person.
The processing time can vary significantly depending on several factors, including the applicant’s individual circumstances and the local USCIS office’s workload. Keeping track of case updates is crucial, and it is advisable to work closely with an immigration attorney to navigate any complexities that may arise during this phase of the adjustment of status process.
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How Long Does Adjustment of Status take After Filing a Family Based Immigrant Visa?
The timeline varies significantly depending on your circumstances. The approval process for an immigrant visa can take as little as 10 months if your sponsor is an immediate family member. The same process for family-preference immigrant visas can take several years. Family preference immigrant visas aren’t as readily available.
Meanwhile adjustment of status applications themselves take several months, but it’s often possible to file for an adjustment of status when your immigrant visa petition is filed. This is known as “concurrent filing,” and it can reduce the wait time for a green card.
What is the Adjustment of Status Fee for Filing?
Costs for filing forms with USCIS varies. The adjustment of status fee set by USCIS for the general filing of Form I-485 is set at $1440 as of July 2024, while the filing fee for the I-485A, Supplement A is $1000. Additional Form I-485s for children under 14-years old are discounted to $950 when they are filed concurrently with their parent’s Form I-485.
USCIS maintains a current online fee schedule. These costs do not include attorney fees or the costs of other incidental charges or filing fees for other forms that might be needed depending on your circumstances.
Under some circumstances, your attorney may be able to file a request for a fee waiver. Additionally, some special circumstances automatically exempt a person from the adjustment of status filing fee charged by USCIS. Alternately, USCIS doesn’t set a timeline for filing an adjustment of status application after an immigrant visa approval, so you may have time to save the additional funds by delaying your adjustment of status application.
Choose an Experienced Adjustment of Status Immigration Attorney
D’Alessio Law’s immigration attorneys want to make sure you have all the facts about the adjustment of status process before you begin. Everyone’s path to permanent residency and your personal situation is no different.
Consult with one out our experienced immigration attorneys for free to discuss your options and to determine the best steps to take if you are interested in becoming a lawful permanent resident.
