Adjustment of Immigration Status in the U.S.

Adjust your immigration status and become a permanent resident in the U.S. Learn about the timeline, fees, and requirements with expert guidance from KAASS LAW.

What is Adjustment of Immigration Status?

Adjustment of status is a process through which individuals in the U.S. on a temporary visa can become lawful permanent residents without needing to return to their home country for visa processing. This option is typically available to individuals who qualify through family, employment, or humanitarian programs like asylum.

Timeline for Adjustment of Immigration Status

The timeline for adjustment of status varies depending on factors such as processing backlogs and the applicant’s eligibility. Here’s a typical overview:

1. Filing Form I-485: Once eligibility is established, the applicant files Form I-485, Application to Register Permanent Residence or Adjust Status. This is the first formal step.
2. Biometrics Appointment: Scheduled about 1-2 months after filing, this appointment involves fingerprinting and photographing the applicant for security checks.
3. Interview: USCIS may schedule an in-person interview, typically within 8-14 months of filing, depending on the local office and caseload.
4. Approval or Request for Evidence (RFE): After the interview, USCIS will either approve the application or issue an RFE for further documentation, which can delay the process.
5. Green Card Issuance: The applicant will receive the Green Card by mail, usually within a few weeks of approval.

Fees for Adjustment of Status

Several fees are associated with the adjustment of the immigration status process, including:

• Form I-485 Filing Fee: $1,140
• Biometrics Fee: $85 (for applicants aged 14 to 78)
• Medical Examination: Fees for medical exams vary by provider.

Additional fees may apply if the applicant needs to file forms for work authorization (Form I-765) or travel authorization (Form I-131). The full breakdown of USCIS fees can be found on their official fee schedule.

Eligibility and Requirements for Adjustment of Status

To qualify for adjustment of status, applicants must meet several key requirements:

1. Lawful Entry: Applicants must have entered the U.S. legally, typically on a visa or through visa waiver programs.
2. Eligibility Category: Individuals must qualify under a specific immigration category, such as family-based (spouse of a U.S. citizen), employment-based, or humanitarian (e.g., asylum).
3. No Grounds of Inadmissibility: Certain criminal convictions, health issues, or prior immigration violations may prevent eligibility. In some cases, a waiver of inadmissibility may be available.

If you’re unsure whether you meet the eligibility criteria, it’s best to consult an immigration attorney. Our blog on waivers of inadmissibility explains eligibility issues and inadmissibility.

Common Challenges in the Adjustment of Status Process

Several challenges can arise when applying for an adjustment of status:

• Inadmissibility Issues: Applicants with certain criminal records, prior immigration violations, or health concerns may face challenges. However, waivers are sometimes available, and KAASS LAW can help navigate these complexities.
• Incomplete Documentation: It is crucial to provide all required documents, including proof of legal entry, medical exams, and supporting financial documentation, to avoid delays or denials.
• Background Checks: All applicants must pass background checks, which can sometimes uncover issues that delay the process.

We have detailed more about potential challenges in our blog on U.S. immigration interviews and what to expect.

Preparing for the Adjustment of Status Interview

USCIS may require an interview as part of the adjustment process, especially in family-based cases. This is a crucial step, and the immigration officer will verify the information provided in your application. Preparation tips include:

• Review Your Application: Make sure you are familiar with everything you submitted.
• Bring Original Documents: Bring original copies of key documents, such as marriage certificates, tax returns, and other supporting materials.
• Practice Answering Questions: Prepare for questions about your relationship or situation, especially in family-based cases.

For more tips on preparing for your interview, check out our blog post on U.S. immigration interviews.

Can I Work or Travel While My Adjustment Application is Pending?

Applicants often ask whether they can work or travel while their Form I-485 is pending. To work legally, you can apply for employment authorization (Form I-765); to travel outside the U.S., you will need advance parole (Form I-131). It’s important not to leave the U.S. without advance parole, as it may result in your application being considered abandoned.

Our blog on advance parole and work permits during pending Green Card applications covers this topic more fully.

Adjusting your immigration status is a significant step toward permanent residency in the U.S. At KAASS LAW, we offer personalized legal guidance to ensure you understand every aspect of this process, from eligibility to interview preparation. Our team is ready to help you avoid pitfalls and confidently move forward with your application.

For personalized assistance with your adjustment of status or any other immigration matters, contact KAASS LAW to schedule a consultation.