Adjustment of Status

Adjustment of status is the final process in receiving lawful permanent residence or a "green card."  After the alien has been certified via the labor process and has been provisionally allocated a visa number, the final step is to change his or her status to permanent residency. The USCIS conducts a series of background checks, including fingerprinting and name checks, and finally mails the green card to the alien. The form submitted to the USCIS is called the I-485. If an immigrant visa number is available, the USCIS will accept the I-140 and the I-485 application submitted in the same package (or accept the I-485 even before the approval of I-140). This is known as concurrent filing.

How We Serve Our Clients

Our attorneys will consult with you regarding the perceived advantages of Consular Processing and Adjustment of Status regarding your particular matter.  We take into account such issues as your preferences, ability to travel abroad, current non-immigrant and marital status, final non-immigrant status date, and  employment situation.  We will thoroughly discuss with you all options and strategies to ensure that you can make an informed decision in the matter.  Our staff with also work with you to prepare all required documentation and prepare you for interviews by United States government officials, and if desired one of our attorneys can represent you at the interview.  We are also available via telephone or e-mail to answer any questions as they arise.

Introduction

An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)

Eligibility

Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence.

Work Permit

Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently. Please see How Do I Get a Work Permit? for more information.

Travel Outside the United States

If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States. For more information, please see How Do I Get a Travel Document?.

Checking the Status of Your Application

Please contact the USCIS office that received your application. You should be prepared to provide USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Please click here for more information on USCIS offices.

Appeals

The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which took place while the alien's application was in process or those based on Section 586 of Public Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These appeals must be made to the Administrative Appeals Unit (AAU).

Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, please see, How Do I Appeal A Denial of My Application or Petition

Application Procedures

If you would like to become a lawful permanent resident in the United States, you must file the following items with the U.S. Citizenship and Immigration Services:

1. Form I-485 Application to Register Permanent Residence or Adjust Status;
2. Please review Supplement A to Form I-485 to see if additional fee requirements apply to you;
3. Form G-325A Biographic Data Sheet (Between the ages of 14 and 79);
4. Form I-693 Medical Examination Sheet (not required if you are applying based on continuous residence since before 1972, or if you have had a medical exam based on a fiancé visa);
5. Two color photos taken within 30 days (Please see USCIS Form I-485 for more instructions on photos.);
6. Form I-864 Affidavit of Support (completed by the sponsor). (This requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition.);
7. Form I-765 Authorization for Employment (if seeking employment while case is processed).;
8. Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record).

In addition:

1. If you have already been approved for an immigrant petition , you must submit a copy of the approval notice sent to you by the USCIS.
2. If someone else is or has filed a petition for you that, if approved, will make an immigrant number immediately available to you, you must submit a copy of the completed petition that is being filed for you. Such applications include only immediate relative, special immigrant juvenile or special immigrant military petitions.
3. If you were admitted into the United States as a fiancé of a U.S. citizen and married that citizen within the required 90 days, you must submit a copy of the fiancé petition approval notice and a copy of your marriage certificate.
4. If you are an asylee or refugee, you must submit a copy of the letter or Form I-94 (Arrival-Departure Record) that shows the date you were granted asylum or refuge in the United States. You also must submit USCIS Form I-643 (Health and Human Services Statistical Data).
5. If you are a Cuban citizen or native, you must use USCIS Form I-485 (Application to Register Permanent Residence or Adjust Status) and submit evidence of your citizenship or nationality.
6. If you have been a continuous resident of the United States since before January 1, 1972, you must submit evidence showing that you entered the United States prior to January 1, 1972 and that you have lived in the United States continuously since your entry into the country.
7. If your parent became a lawful permanent resident after you were born, you must submit evidence that your parent has been or will be granted permanent residence. You must also submit a copy of your birth certificate, and proof of your relationship with your parent.
8. If your spouse became a lawful permanent resident after you were married, you must submit evidence that your spouse has been granted permanent residence. You must also submit a copy of your marriage certificate and proof that any previous marriages entered into by you or your spouse were legally terminated.