AnaMaria Rivera Law Firm
Adjustment of Status
At AnaMaria Rivera Law Firm, we are here to guide you through the adjustment of status process, helping you become a permanent resident of the United States without having to leave the country.
Adjustment of status is the process through which an individual already in the United States can obtain permanent residency (green card) without having to return to their home country to complete the process. This process is managed by the U.S. Citizenship and Immigration Services (USCIS).
Eligibility Criteria to adjustment of status
To be eligible for adjustment of status, you must meet the following criteria:
Legal Entry
You must have entered the U.S. legally with a valid visa or through a visa
waiver program.
Visa Category
You must be eligible for an immigrant visa based on employment, family,
asylum, or another specific category.
Continuous Presence
You must have maintained continuous presence in the U.S. and
not violated the terms of your current visa.
Admissibility
You must be admissible to the U.S. under immigration laws, including
having no criminal record or serious immigration violations.
Application process
to adjustment of Status
- Immigrant Petition
File the appropriate immigrant petition (Form I-130, I-140, etc.) and
wait for its approval. - File Form I-485
Once the immigrant petition is approved, file Form I-485, Application toRegister Permanent Residence or Adjust Status.
- Interview
Attend an interview with a USCIS officer if required. - Biometrics
Provide fingerprints, photos, and signature. - Background Check
USCIS will review your history and background. - Final Decision
If approved, you will receive your permanent resident card (green card).
Required documentation to adjustment of status
Completed Form I-485.
Copy of passport with visa and admission stamp.
Form I-94, Arrival/Departure Record.
Proof of eligibility (approval of immigrant petition).- Birth and marriage certificates.
- Medical examination and completed Form I-693.
Financial support evidence (Form I-864, Affidavit of Support).
Recent photographs.- Proof of continuous presence and admissibility.
Completed Form I-485.
Copy of passport with visa and admission stamp.
Form I-94, Arrival/Departure Record.
Proof of eligibility (approval of immigrant petition).
Birth and marriage certificates.
Medical examination and completed Form I-693.
Financial support evidence (Form I-864, Affidavit of Support).
Recent photographs.
Location
Adjustment of status is done within the U.S., while consular processing is
conducted at a U.S. embassy or consulate abroad.
Travel Restrictions
Adjustment of status applicants may have travel restrictions while their application is pending, unless they obtain advance parole.
Processing Time
Processing times can vary, but adjustment of status often takes longer compared to consular processing.
Interview
Adjustment of status interviews are conducted at a local USCIS office, while
consular interviews are held at an embassy or consulate.
Frequently Asked Questions to adjustment of status
Processing times can vary, but it generally takes between 8 to 14 months from
filing Form I-485 to the final decision.
Yes, you can apply for an Employment Authorization Document (EAD) along with your Form I-485 to work legally in the U.S. while your application is pending.
You can travel if you obtain advance parole before leaving the U.S.
