Adjustment of Status Attorney

Are you seeking to become a permanent resident in the United States? The adjustment of status process could be your key to achieving this goal, and our immigration law firm is here to help you every step of the way.

Getting a Green Card if You Are in the United States

Adjustment of Status (AOS) is the process that allows certain immigrants already in the U.S. to apply for a Green Card without leaving the country. For many families, this is the safest and most convenient path to permanent residence.

We help clients handle the Adjustment of Status process by preparing strong applications, addressing potential issues early, and keeping communication clear at every stage.

What Is Adjustment of Status?

Adjustment of Status is the process of applying for a Green Card from inside the United States.

It is available to certain immigrants who:

• Are physically present in the U.S.
• Entered the U.S. lawfully (with a visa or parole)
• Have an approved or concurrently filed immigrant petition
• Are eligible for a Green Card through a qualifying relationship

Most of our AOS clients are applying through marriage to a U.S. citizen, but we also assist with AOS based on other family relationships.

Who Qualifies for Adjustment of Status

To qualify for Adjustment of Status, you generally must have entered the United States with a visa or parole. In addition, you may be eligible if you fall into one of the following categories:

• You are married to a U.S. citizen
• You are the parent of a U.S. citizen who is 21 or older
• You are the unmarried child of a U.S. citizen
• You have an approved I‑130 petition and a current priority date (for permanent resident sponsors)

If you’re unsure whether you qualify, our immigration attorney can review your situation and help you determine the most appropriate path toward permanent residence.

Benefits of Adjustment of Status

Adjustment of Status offers several advantages:

• You do not need to leave the U.S.
• You can apply for a work permit while your case is pending
• You can apply for advance parole to travel
• You attend your interview at a local USCIS office
• You remain with your family throughout the process

For many families, this is the most stable and predictable option.

The Adjustment of Status Process, Step by Step

If you meet the eligibility requirements for Adjustment of Status, here are the steps that you will need to follow:

1. File the I‑130 and I‑485 (Often Together)

This establishes the qualifying relationship and begins the Green Card process.

2. Receive Receipt Notices

These confirm that USCIS has accepted your case.

3. Attend Biometrics Appointment

USCIS collects fingerprints and photographs.

4. Receive Work Permit and Travel Permit (if you applied)

Most applicants receive these within several months.

5. Prepare for the Interview

Depending on your case, you may need to attend an interview with a U.S. Citizenship and Immigration Services (USCIS) officer. We help you gather documents, organize evidence, and understand what to expect.

6. Attend the Interview

If you are applying for a marriage‑based Green Card, both spouses are required to attend the interview at the local USCIS office.

7. Receive the Green Card

If approved, you become a permanent resident.

Documents Needed for Adjustment of Status

A strong AOS case includes:

• Marriage certificate (if applying for a Green Card through marriage)
• Birth certificates
• Passport and visa
• I‑94 record
• Proof of lawful entry
• Joint documents (lease, bank accounts, insurance, photos)
• Financial documents for the Affidavit of Support
• Medical exam (Form I‑693)

Our law firm helps clients gather and organize all required documents.

Common Issues We Help With

• Limited joint documents
• Long‑distance marriages
• Age differences
• Cultural or language differences
• Prior visa overstays (case‑specific options apply)
• RFEs or delays
• Previous denials
• Complicated immigration histories

These situations do not automatically prevent AOS — they simply require careful preparation.

Conditional vs. Permanent Green Cards

If your marriage is less than two years old at the time of approval of your Form I-485, you will receive a 2‑year conditional Green Card and later file I‑751 Removal of Conditions.

If your marriage is more than two years old, you will receive a 10‑year Green Card.

Our immigration attorney helps with both types of cases.

Adjustment of Status for Parents

Adjustment of status allows parents of U.S. citizens to apply for lawful permanent resident status (Green Card) without leaving the United States. To qualify, the U.S. citizen must be at least 21 years old, and the parent must meet eligibility requirements, such as lawful entry into the U.S. and no disqualifying factors like certain criminal records. The process involves filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status), often concurrently. Supporting documents, including proof of relationship and financial sponsorship, are required.

Adjustment of Status for K-1 Visa Holder

After marrying the U.S. citizen petitioner within the required 90 days of entry, a K-1 visa holder can begin the adjustment of status process to obtain a Green Card and become a lawful permanent resident. To proceed, the K-1 visa holder must submit Form I-485 (Application to Register Permanent Residence or Adjust Status) along with supporting documents, such as the marriage certificate, birth certificate, vaccination records, and other required forms and fees. The adjustment of status process after marriage allows the applicant to transition from a K-1 nonimmigrant to lawful permanent resident status.

I-485 Processing Times

The processing time for Form I-485 can vary based on several factors, including:

• USCIS Service Center: Different service centers may have varying processing times.
• Application Type: Processing times may differ depending on whether you’re applying based on family, employment, asylum status, or other categories.
• Complexity of Your Case: Cases involving additional documentation or issues may take longer to process.
• USCIS Workload: The volume of applications and the current workload at the service center can impact processing times.

As of the latest update, the general processing time for Form I-485 typically ranges from 7 to 14 months. However, this timeline can fluctuate. For the most accurate and up-to-date information, you should check the USCIS website.

Key Timelines in the I-485 Process

1. Receipt Notice: After you file your Form I-485, USCIS will send a receipt notice confirming they have received your application. This usually arrives within 2-4 weeks.
2. Biometrics Appointment: You will be scheduled for a biometrics appointment to provide fingerprints, photos, and a signature. This typically occurs within 1-4 months after receiving your receipt notice.
3. Request for Evidence (RFE): If additional information or documents are needed, USCIS will issue a Request for Evidence. Responding promptly to an RFE is crucial to avoid delays.
4. Interview: Most applicants will be required to attend an interview with a USCIS officer. The timing of this interview can vary but usually occurs within several months after your biometrics appointment.
5. Decision: After reviewing your application, biometrics, and interview results, USCIS will make a decision. If approved, you will receive your Green Card in the mail. If denied, you will be informed of the reasons and your options for appeal.

Adjustment of Status Medical Examination

The medical exam is an important part of the adjustment of status process for applicants seeking a Green Card in the United States. Applicants are required to have their exam conducted by a USCIS-authorized civil surgeon to ensure they meet health-related requirements. The adjustment of status medical exam includes reviewing vaccination records, completing necessary vaccinations, and screening for communicable diseases. The results are documented on Form I-693, which is now submitted together with Form I-485, the Application to Register Permanent Residence or Adjust Status. This change simplifies the submission process but makes it even more critical to complete the medical exam accurately and on time to avoid delays or issues with the application. For more information, please visit our immigration medical examination page.

Why Clients Choose Our Law Office

• Clear, step‑by‑step guidance
• Warm, responsive communication
• Careful preparation of every form and document
• Interview preparation for both spouses
• Experience with complex and sensitive cases
• Bilingual support (English and Russian)

Adjustment of Status is personal — you deserve an attorney who treats your case with care.

Frequently Asked Questions

How long does Adjustment of Status take?

Most cases take several months, depending on the local USCIS office.

Can we file the I‑130 and I‑485 together?

Yes, if the foreign spouse is eligible for AOS.

Do I need to leave the U.S.?

No — that is the main benefit of AOS.

Can I work while my case is pending?

Yes, once you receive your work permit.

What happens at the interview

You and your spouse answer questions about your relationship and documents. We help you prepare.

Schedule a Consultation

If you’re ready to begin the Adjustment of Status process or want help understanding your options, our law firm is here to guide you.

You can schedule a consultation or contact our office to get started.