Adjustment of Status Lawyer
What Is Adjustment of Status?
If you’re in the U.S. and looking to change from a temporary visa to a green card, you may be wondering, “What is adjustment of status?” Adjustment of Status (AOS) is the process that allows eligible individuals already in the United States to apply for a green card (lawful permanent residence) without having to leave the country. It’s a powerful immigration benefit for those who qualify and a critical legal process that must be handled correctly.
The process involves meeting eligibility requirements, submitting the correct documentation, and attending an in-person green card interview. Mistakes can cause delays, requests for additional evidence, or even denial which is why having an adjustment of status lawyer can help protect your application from costly errors.
At Veritas Immigration Law, P.A., we guide clients through the entire adjustment of status process, giving you the best chance of a successful outcome.
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Who Is Eligible to Apply for Adjustment of Status?
You may qualify for adjustment of status if:
- You are physically present in the United States
- You entered the U.S. lawfully (with inspection at a port of entry or parole)
- You are the beneficiary of an approved immigrant petition (e.g., I-130, I-140 or I-360)
- A visa number is available for your category (immediate relatives of U.S. citizens always have a visa number available)
- You are not barred due to immigration violations, crimes, or unlawful presence (unless waived)
Common Adjustment of Status Applicants Include:
- Spouses, parents, or children of U.S. citizens
- K-1 fiancé visa holders who married within 90 days
- VAWA petitioners, asylees, U visa holders, or special immigrant juveniles (SIJS)
- Employment-based applicants with lawful status
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Step-by-Step Adjustment of Status Process
Understanding the process can help you feel prepared and confident as you move forward. Here’s what typically happens during an adjustment of status case and how each step brings you closer to obtaining your green card.
- Determine Eligibility
- File the Adjustment Packet (Form I-485 and Supporting Forms)
- Receive Receipt Notices and Biometrics Appointment
- Receive EAD / Travel Permit (Optional)
- Attend Green Card Interview
- Receive Your Green Card
1. Determine Eligibility
The first step is an adjustment of status lawyer evaluating whether you meet the legal criteria and whether any waivers or exceptions are needed.
2. File the Adjustment Packet (Form I-485 and Supporting Forms)
Next, we prepare and file Form I-485 along with all required supporting forms and evidence. This packet establishes your eligibility and begins the official process of obtaining a green card.
3. Receive Receipt Notices and Biometrics Appointment
USCIS will issue receipt notices and schedule a biometrics appointment to collect fingerprints, photos, and a background check.
4. Receive EAD / Travel Permit (Optional)
If you filed Form I-765 and I-131, you may receive a combo card allowing you to work and travel while your green card application is pending.
5. Attend Green Card Interview
Most applicants will attend an interview at a USCIS field office. You’ll need to bring originals of supporting documents and be prepared to answer questions about your application.
6. Receive Your Green Card
If approved, you’ll receive either:
- A 2-year conditional green card (if your marriage is under 2 years old), or
- A 10-year permanent green card (if eligible)
Adjustment of Status Documents Typically Required
- Birth certificate and passport
- Marriage certificate (if family-based)
- I-94 record of entry or parole
- Prior immigration applications, if any
- Two passport-style photos
- Financial documents from the sponsor (W-2s, tax returns, proof of income)
- Medical exam results (Form I-693)
- Criminal or court records, if applicable
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What If You're in Removal Proceedings or Have Past Issues?
Our adjustment of status lawyer at Veritas Immigration can guide you through these complex situations. We can still help you pursue adjustment of status in court (via EOIR), or we may need to file a waiver of inadmissibility (Form I-601 or I-601A) if you have prior unlawful presence, misrepresentation, or other grounds of ineligibility.
We’ll help determine which waivers or exceptions apply, prepare your application carefully, and increase your chances of approval.
How Long Does Adjustment of Status Take?
The processing time for an adjustment of status application can vary depending on factors like the type of application, your country of origin, and USCIS’s current workload. In some cases, it may take a few months, while in others it could take a year or more.
Working with an experienced adjustment of status lawyer can help make sure your forms are complete and all required documents are included, which can reduce delays. To stay on track, check USCIS processing times for your case regularly and respond promptly if they request additional information. Being thorough from the start can help your application move more quickly.
How does Adjustment of Status after Marriage Work?
When Adjustment of Status is based on marriage to a U.S. citizen or lawful permanent resident, the core process is the same, but the eligibility rules and timing work a bit differently from other green card categories.
When a green card is approved through marriage, the type you receive depends on how long you’ve been married at the time of approval. If the marriage is less than two years old, USCIS issues a 2-year conditional green card, which requires filing a joint petition to remove conditions before it expires. If the marriage is more than two years old, you receive a 10-year permanent green card with no conditions attached. Both cards provide the same rights and responsibilities, the difference is simply the additional step required for conditional residents.
Marriage to a U.S. Citizen
Spouses of U.S. citizens are considered “immediate relatives,” which means a visa is always available. Because of this, most applicants can file the family petition (Form I-130) and the green card application (Form I-485) at the same time. This often results in a more streamlined process. One of the most important parts of the case is proving the marriage is real and not entered into for immigration purposes. Evidence usually includes joint finances, shared housing, photos, and other documentation showing a genuine relationship.
How Veritas Immigration Law Can Help
We understand that going through this process can feel overwhelming, stressful, and full of uncertainty, that’s why we’re here to guide you every step of the way. We help you avoid mistakes, delays, and denials, and bring clarity to every step of your case. We provide full-service support for adjustment of status cases, including:
- Preparing and filing all required USCIS forms and documents
- Reviewing eligibility and any risks or red flags
- Accompanying you to your green card interview (where available)
- Responding to USCIS requests or delays
- Filing waivers if needed
