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Per the United States Citizenship and Immigration Services, Adjustment of Status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are already present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.
How do I get an Adjustment of Status?
- Determine what immigrant category you fit under so that you can determine if you are eligible to apply for a Green Card. The requirements for Adjustment of Status are different depending on the immigration category you apply under. There are eight Green Card eligibility categories:
- Family
- Employment
- Special immigrant
- Refugee or Asylee
- Human trafficking and crime victims
- Victims of abuse
- Other
- Registry
- File an immigrant petition, if needed. Most, but not all, green card applicants need to complete an immigrant petition before the Application to Register Permanent Residence or Adjust Status form (FORM I-485) is filed. This petition is typically filed by someone else, known as a sponsor, but in some cases you can file it on your own behalf. There are many factors to determine whether you need an immigrant petition and whether that petition has to be filed by a sponsor. Our Adjustment of Status attorneys can help with this important first step.
- Check for visa availability. In most cases, you cannot file for and Adjustment of Status until there is a visa available in the category you apply under. You can check current availability using the Visa Bulletin website from the U.S. State Department.
- Once you have completed the first three steps you can file your Form I-485 (Application to Register Permanent Residence or Adjust Status). Our Adjustment of Status lawyers can help you complete this form correctly to ensure a timely response and better outcome.
- Once your Form I-485 has been filed you will receive a notice in the mail for a biometrics services appointment at a local Application Support Center (ASC) where you will have your fingerprints and photograph taken. These biometrics will be used to verify your identity and run a background and security check. This ASC appointment is very important. If you miss the appointment or you fail to sign the certification acknowledgement, your form I-485 may be denied.
- If necessary, you may be asked to attend an USCIS interview where you will be asked questions under oath regarding the information submitted on your I-485 application. There may also be additional requests for information. This is typically because some of the information is missing or invalid.
- Once you have submitted everything you can check the status of your Adjustment of Status Application online or by calling the USCIS Contact Center at 800-375-5283. To expedite your call make sure to have your receipt number, A-Number, name and date of birth ready.
- Once the USCIS makes a final determination you will receive a decision notice in writing. If your I-485 application is approved you typically receive the notice first, followed by your Permanent Resident Card (Green Card). If your application is denied, your written notice will tell you why and whether or not you may appeal. Typically you cannot appeal a denial, however you may be able to file a motion to reopen or reconsider. Our Adjustment of Status immigration lawyers can help you decide the best course of action.
How long does an Adjustment of Status take?
In general it takes 8-14 months for the entire process. We know the process and the wait can be agonizing. This is why it is very important to hire an experienced and qualified immigration attorney to guide you through the process and to make sure the application, interview and appointment are all handled correctly and in a timely fashion.
What should I do if want to apply for Adjustment of Status?
If you are ready to apply for lawful permanent status in the United States please call our Adjustment of Status lawyers today. We can help you determine what category you qualify under, as well as your sponsor petition, application and interview. It is very important that you complete these steps correctly and on time to ensure your application as the best chance at success.