What is Adjustment of Status?
Adjustment of Status is the process of applying for lawful permanent residence (a green card) while you're already in the United States. This is the most common path for individuals married to U.S. citizens or permanent residents who want to obtain their green card without traveling abroad.
Unlike consular processing, which requires you to leave the U.S. for an interview at a U.S. embassy or consulate, adjustment of status allows you to complete the entire process domestically. This means you can stay with your family, continue working (with proper authorization), and avoid the uncertainty of international travel.
The Process Timeline
Initial Consultation & Case Evaluation
We review your eligibility, discuss your immigration history, and create a customized strategy for your case.
Timeline: 1-2 weeks
Document Collection & Preparation
We help you gather all required documents including birth certificates, marriage certificate, financial documents, and evidence of bona fide marriage.
Timeline: 2-4 weeks
Filing with USCIS
We file Form I-130 (Petition for Alien Relative), Form I-485 (Application to Register Permanent Residence), and supporting forms including work authorization (I-765) and travel document (I-131).
Timeline: Immediate upon document completion
Biometrics Appointment
USCIS schedules you for fingerprinting and photos at a local Application Support Center.
Timeline: 4-8 weeks after filing
Interview Preparation & Attendance
We prepare you extensively for your interview with practice questions and attend the interview with you to provide legal support.
Timeline: 8-18 months after filing
Green Card Approval & Delivery
After a successful interview, your green card is approved and mailed to you within 2-4 weeks.
Timeline: 2-4 weeks after interview
Total Timeline: 10-18 months from filing to approval
Processing times vary by USCIS field office. We've had cases approved in as little as 2 months with expedited processing.
Eligibility Requirements
Lawful Entry
You must have entered the United States lawfully with inspection (with a visa or through the Visa Waiver Program).
Valid Marriage
You must be legally married to a U.S. citizen or lawful permanent resident, and the marriage must be bona fide (genuine).
Admissibility
You must not have any grounds of inadmissibility (criminal history, immigration violations, fraud) or be eligible for a waiver.
Financial Support
Your spouse must meet income requirements (125% of federal poverty guidelines) or have a joint sponsor.
Special Circumstances
Even if you have overstayed your visa, entered without inspection, or have other complications, you may still be eligible through special provisions or waivers. Contact us for a case evaluation.
Required Documents
Identity & Civil Documents
- Birth certificate with English translation
- Passport and visa copies
- Marriage certificate
- Divorce/death certificates (if applicable)
- I-94 arrival/departure record
Evidence of Bona Fide Marriage
- Joint bank account statements
- Lease or mortgage in both names
- Joint utility bills
- Photos together (dating, wedding, family events)
- Affidavits from friends and family
Financial Documents
- Sponsor's tax returns (3 years)
- Employment verification letter
- Recent pay stubs
- Form I-864 (Affidavit of Support)
Additional Forms
- Medical examination (Form I-693)
- Police certificates (if applicable)
- Court records (if applicable)
Frequently Asked Questions
Can I work while my adjustment of status is pending?
Yes! When you file your I-485, you can also apply for a work permit (EAD - Employment Authorization Document) using Form I-765. Most applicants receive their work permit within 3-5 months of filing.
Can I travel while my case is pending?
Yes, but you need advance parole. When you file your I-485, you should also file Form I-131 for a travel document. Without this, leaving the U.S. will abandon your application. We include this in every adjustment of status package.
What if I overstayed my visa?
If you're married to a U.S. citizen and entered lawfully, you can still adjust status even if you overstayed. However, if you're married to a permanent resident, overstaying can be problematic. Contact us for a case evaluation.
Will I get a 2-year or 10-year green card?
If you've been married for less than 2 years when your green card is approved, you'll receive a conditional 2-year green card. You'll need to file Form I-751 to remove conditions before it expires. If married for 2+ years, you'll receive a 10-year green card.
What happens at the interview?
The USCIS officer will ask questions about your relationship, how you met, your daily life together, and review your documents. We prepare you extensively with practice interviews and attend with you to provide legal support.