Adjustment of Status

After living in the United States as a nonimmigrant, many wonder whether they qualify for “adjustment of status.”  Adjustment of status allows seeking lawful permanent residence (“green card”) to remain in the U.S. while completing the process instead of going overseas to get an immigrant visa.  For instance, perhaps one is contemplating marriage to a U.S. citizen, or seeking a job and living permanently in the U.S.  We’ve been assisting individuals with adjustment of status for years, during which time this method has become more complex due to changing laws and regulations, and evolving interpretations and policies of the USCIS.  As a general rule, however, adjustment is a more preferable course than procuring an immigrant visa cat a U.S. Consulate.  We can help make sure the necessary documentation is completed, required materials are obtained, and filed correctly according to the U.S. Citizenship and Immigration Services guidelines.  This procedure is available to eligible foreign nationals whether their status is based on being a relative of one in the U.S. or through employment.  If a person is eligible for adjustment, his or her “derivative relatives” (spouse; minor children) generally also qualify.

FAQs on Adjustment of Status

Am I Eligible?

Living in the United States for a particular period of time does not automatically mean that you are eligible.  Different requirements apply depending on the intended basis for getting the green card; certain nationalities have longer waiting times before being able to file.  Let us review the specifics of your situation to determine whether you are eligible.

Why Can't I Adjust My Status?

There are a variety of reasons that a person may be ineligible to adjust his or her status.  It could be one has violated status; been convicted of certain types of crimes; belonged to (or currently belongs to) certain organizations; the necessary family or employment relationship changed; and, others.  All of those matters must be analyzed, a determination made if an exception is available, or if there is other inapplicability of the bar.   

How Long Does The Adjustment Take Once I've Applied?

Assuming you are eligible, there are a variety of factors that can cause a delay in final approval of the application beyond normal processing times.  We help individuals understand what documentation or legal steps are required based on specific situations, estimate timelines associated with each, and methods to address them.  Timing between any nonimmigrant status and the adjustment process is critical; travel and continuing work while waiting for the green card is always an important concern.  We are able to assist you through the complex analytical process to arrive at the best solution. 

Learn more about the steps you need to take to adjust your status.