Adjustment of Status

Adjustment of Status is the process by which a foreign national already in the United States can apply to become a lawful permanent resident (green card holder) without having to leave the country. This process is administered by the United States Citizenship and Immigration Services (USCIS) and is an alternative to consular processing.

Advantages of Adjustment of Status

Allows you to obtain permanent residence from within the country.

Avoid having to go out and do paperwork at a consulate outside the U.S.

If submitted with the application, it allows you to obtain a work permit (EAD) and travel permit (Advance Parole) while awaiting a decision.

Requirements to be eligible

To apply for Adjustment of Status, several criteria must be met. These include:

Immigration requirements:

Be physically present in the United States at the time of filing Form I-485.

Having entered legally (inspected and admitted or with parole).

Maintain a current legal status at the time of application (there are exceptions in certain categories).

Have a visa available according to the visa bulletin (if applicable).

Have an approved or jointly processed petition (I-130, I-140, etc.).

Personal and legal requirements:

Good moral conduct and no serious criminal record.

Not having committed crimes related to drug trafficking, drug abuse, or violence.

Not be inadmissible for reasons of national security, public health, or immigration fraud.

Pass an immigration medical examination with doctors authorized by USCIS (Form I-693).

Have a financial sponsor (I-864) who guarantees that the applicant will not become a public charge.

In some cases, a waiver may be applied for if there are grounds for inadmissibility.

Main forms

Form	Purpose
I-485	Application to register permanent residence.
I-130 / I-140 / I-360	Family, work or humanitarian petition.
I-765 (optional)	Temporary work permit while processing.
I-131 (optional)	Travel Permit (Advance Parole).
I-864	Affidavit of financial sponsorship.
I-693	Immigration medical examination.
I-601 / I-212	Waivers for certain grounds of inadmissibility.

Processing time

The adjustment process can take between 8 and 24 months, depending on:

The category of the case (family, work, etc.).

The workload of the USCIS local office.

If an interview or additional documentation is required (RFE).

Check the estimated time at: egov.uscis.gov/processing-times.

Process steps

1. Review legal and personal eligibility.

2. Gather the required documentation and evidence.

3. Submit the application package to USCIS.

4. Attend the biometrics appointment.

5. Wait for USCIS’s response.

6. Attend an immigration interview if required.

7. Receive the final decision: approval, RFE, or denial.

Frequently Asked Questions (FAQs)

What if I entered illegally but married a citizen?

It depends on the case. Some cases allow adjustments with exemptions or through Law 245(i). Legal evaluation is required.

Can I work while waiting for residency?

Yes, if you file Form I-765 with your application, you can obtain a temporary work permit.

What happens if I am denied an adjustment?

You may have the right to appeal, reopen the case, or present a defense in immigration court. This doesn’t always mean immediate deportation.

Do I need a lawyer for this process?

It is not mandatory, but highly recommended if your case involves immigration history, illegal entry, or criminal issues.

Does the adjustment give me automatic residency?

No. It must be approved by USCIS after a thorough review. Each case is reviewed individually.

Final Observation

The Adjustment of Status process can be an efficient way to obtain a Green Card without leaving the U.S., but it requires meeting rigorous legal requirements and submitting solid documentation. While many complete the process without complications, others must prepare to demonstrate their eligibility and defend their application with additional evidence.

Statement: The concepts explained should not be taken as legal advice, it is a compendium of public information from the INA.

In all cases, consultation with an attorney is recommended to determine your eligibility. At Immigration Document Preparers, we limit ourselves to submitting forms to USCIS correctly based on the information that the client provides us. We do not give advice or legal advice.