The Adjustment of Status Process

Adjustment of status is the process that individuals can use to apply for legal permanent residency, or a green card when they already are present in the U.S. This process allows individuals to get green cards without having to return to their home countries to complete visa processing. Various situations may exist that make you eligible for adjustment of status, most of which are based on your family relationships or your employment.

The Adjustment of Status Process

Most people who wish to apply for adjustment of status must have an approved immigration petition before they submit their adjustment of status applications. Still, some categories of eligibility allow individuals to present the two simultaneously, or as a concurrent filing. Some of the most common immigration petitions that can support a request for adjustment of status include:

  • Petition for Alien Relative
  • Immigrant Petition for Alien Worker
  • Application for Asylum and Withholding of Removal

These are only a few examples of the many different categories of eligibility that might lead to a successful adjustment of status.

After you file your Form I-485 with U.S. Citizenship and Immigration Services (USCIS) requesting an adjustment of status, you will receive notice of a biometrics service appointment at your local Application Support Center. At that appointment, you will provide fingerprints, photographs, and signature. You also must sign a form acknowledging that all the information that you provided in your application is accurate.

In some cases, you must submit to an in-person interview with USCIS officials. If you are scheduled for an interview, you must bring the originals of all documentation that you submitted with your application. If another person filed the immigration petition for you, that person also must attend your interview.

Finally, USCIS may request that you submit additional evidence in support of your application. You must provide the information requested. Once you have fulfilled all these requirements, you must wait for a decision on your application by USCIS.  

The immigration lawyers of Peek & Toland have handled the immigration cases of countless individuals and businesses facing immigration-related issues. We are here to protect your rights and advocate on your behalf to get the outcome that you are seeking. Call our office today at (512) 474-4445 to set up an appointment with our immigration attorneys.

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