Adjustment of status is the process that allows certain individuals who are already in the United States to apply for lawful permanent residence (a “green card”) without having to leave the country. In most cases, the applicant must be the beneficiary of an approved immigrant visa petition — such as Form I-130 or Form I-140 — before applying to adjust status on Form I-485.
Regular Adjustment of Status. Under INA § 245(a), most applicants may adjust status if the following requirements are satisfied:
a) The applicant was inspected and admitted or paroled into the United States;
b) The applicant is maintaining lawful status, except for immediate relatives, battered spouses and children, and certain special immigrants under INA § 101(a)(27)(H);
c) An immigrant visa number is immediately available at the time of filing;
d) The applicant properly files a complete adjustment of status application; and
e) The applicant is otherwise eligible and admissible for permanent residence.
Special Adjustment Under INA § 245(i). Section 245(i) allows certain individuals to adjust status notwithstanding the fact that they entered the United States without inspection, overstayed, or worked without authorization. To qualify, the applicant (including, in certain cases, a spouse or parent) generally must be the beneficiary of a labor certification or a petition under section 204 — including Forms I-140, I-130, I-360, or I-526 — filed on or before April 30, 2001. If the petition was filed between January 14, 1998 and April 30, 2001, the principal applicant must also establish physical presence in the United States on December 21, 2000. Qualifying applicants must pay an additional penalty fee (currently $1,000.00), submitted with Supplement A to Form I-485.
Adjustment of status cases frequently involve issues that are not apparent at first glance — a prior period of unlawful presence, an old immigration violation, a criminal record, or a question about whether the entry was lawful — any of which can affect eligibility or require a waiver. Attorney Marinov has extensive experience preparing adjustment of status applications, including cases filed in conjunction with waivers of grounds of inadmissibility and cases filed as relief in removal proceedings.
Contact Law Offices of Paul Marinov to discuss whether you may be eligible to adjust your status and which path best fits your situation.
We review your eligibility and admissibility before anything is filed, prepare and file Form I-485 along with the supporting applications, respond to any Requests for Evidence, and prepare you for the green card interview.
Adjustment of status lets an eligible applicant apply for a green card from within the United States. Consular processing requires the applicant to attend an interview and receive an immigrant visa at a U.S. embassy or consulate abroad. Which path applies depends on where you are living and the type of petition involved.
In most cases, yes. You generally need an approved — or, in some categories, concurrently filed — immigrant visa petition such as Form I-130 or Form I-140 establishing your eligibility.
Possibly. INA § 245(i) allows certain individuals in that situation to adjust anyway, if they are the beneficiary of a qualifying petition or labor certification filed on or before April 30, 2001, and pay the additional penalty fee. Whether you qualify depends on facts that should be reviewed carefully.
Form I-485, Application to Register Permanent Residence or Adjust Status, is the core filing used to apply for a green card from within the United States. It requires proof of the underlying petition, evidence of lawful entry where required, a medical examination report, and documentation establishing eligibility and admissibility.
Many applicants may apply for an Employment Authorization Document (EAD) and an Advance Parole travel document while the I-485 is pending. Leaving the United States without Advance Parole can be treated as abandoning your application.
Processing times vary based on USCIS workload, the applicant’s category, and the individual circumstances of the case, and can range from several months to more than a year.
Most applicants attend an interview at a local USCIS office, where an officer reviews the application, verifies the supporting documents, and asks questions to confirm eligibility — and, in marriage-based cases, the bona fides of the marriage. Some cases are approved the same day; others require additional evidence or follow-up.
Yes. Most applicants must submit Form I-693, Report of Medical Examination and Vaccination Record, completed by a USCIS-designated civil surgeon.
In many cases, yes. Certain qualifying family members may be eligible to adjust as derivative applicants, depending on the underlying petition category.
Being inadmissible does not automatically end the case. Many grounds of inadmissibility can be waived, most commonly through Form I-601, which generally requires showing extreme hardship to a qualifying U.S. citizen or permanent resident relative. Waiver applications are frequently filed together with the adjustment application.
In certain circumstances, yes — adjustment of status can be sought as a form of relief before the immigration judge rather than before USCIS. The procedure and evidentiary requirements differ, so these cases should be handled with care.
A denial is not always the end of your case. There is no appeal of an I-485 denial, but other options may be available.
Ask USCIS to review the decision again. You can file a motion to reopen or a motion to reconsider on Form I-290B. A motion to reopen presents new facts or evidence. A motion to reconsider argues that the decision was legally wrong. The deadline is usually 30 days from the date of the decision, so it is important to act quickly.
File a new application. In some cases this is faster and simpler than a motion — for example, when the denial was based on missing documents that you can now provide.
Present your case to an immigration judge. If the government places you in removal proceedings, you may be able to file your green card application again in immigration court. The judge reviews your case independently and is not bound by the USCIS decision. For many applicants this is a genuine second chance. Whether this option is available depends on how you entered the United States and on your immigration history.
Because the deadlines are short and the right approach depends on why the application was denied, speak with an immigration attorney as soon as you receive the decision.
Your passport, any prior immigration paperwork (approval notices, visas, Form I-94 records), proof of the underlying petition, and anything documenting how you entered the United States.
If you have ever been arrested, cited, or charged with a crime — in any state or any country, at any time — please also bring the certified court disposition and any arrest or police records. This applies even if the charges were dropped, the case was dismissed, you were never convicted, or the record was later expunged, sealed, or handled through supervision or deferred adjudication. It applies to DUI and drug offenses, and to matters you were told would not appear on your record. Immigration law treats many of these differently from state law, so we need to review the actual documents rather than rely on memory.
Bringing what you have lets us give you the most accurate assessment. If you cannot locate a document, come anyway — we can help you request it.
