Irvine Adjustment of Status Lawyer

Adjustment of Status is an immigration application filed for an immigrant who is within the United States. Usually, this occurs when there is a successful and current petition for "alien relative.” However, adjustment of status can occur in other immigration scenarios, such as those granted asylum or an I-140.

Who Is Eligible for Adjustment of Status?

Not everyone is eligible for adjustment of status, and many will need to seek consular processing. Before proceeding with any of these applications or petitions, make sure you speak to an immigration attorney to determine your eligibility. Those who are not eligible for adjustment of status include those who failed to remain in lawful immigration status (with exception to "immediate relatives" as specifically defined by the Immigration and Nationality Act), those who entered the country without inspection, those who worked without authorization (with exception of immediate relatives). Others may be eligible for adjustment of status pursuant to 245(i).

Because of the fact-specific nature of who qualifies for adjustment of status, it is critical to speak to an immigration attorney. Oftentimes, individuals spend filing fees only to learn that they were not eligible for the benefit sought.

How Do I Apply for Adjustment of Status?

Obtaining a green card through adjustment of status first requires that there be a basis for obtaining a green card. The most common basis for you to obtain a green card is through an immediate relative petition, in the Form I-130 or an employer's petition in the Form I-140.

When these forms are approved, you can then proceed to form I-485, the application to adjust status. Many individuals are eligible for concurrent filing, meaning they can submit the I-130 or I-140 and I-485 together. This is where you must speak to an experienced immigration lawyer to determine if you are eligible for concurrent filing.

Once the adjustment of status application is filed, the immigrant is temporarily in legal status until the application is adjudicated. Adjustment of status is not the same as a change of visa status.

Most adjustments of status occur in the following ways:

• Through marriage
• A current family-based petition
• A current employer petition
• One year after asylum is granted.

The most common method of adjusting status results in what people refer to as "green card through marriage." The USCIS allows an immigrant to change his or her status (with some exceptions) to that of a lawful permanent resident if he or she entered the country on a valid visa and was adequately inspected prior to entry into the United States. In other words, a successful adjustment of status will lead to a "green card," also known as a lawful permanent residence.

Adjustment of Status applications is usually concurrently filed with other applications, such as a work authorization application. Once the application for adjustment of status is approved, the applicant is interviewed. Upon successful completion of the interview, a green card will be issued. If you are currently outside of the United States, you cannot apply for adjustment of status. Rather, you must go through consular processing at your nearest US Embassy.

How Long Does the Adjustment of Status Process Take?

Processing times for Adjustment of Status vary based on the applicant’s category, location, and USCIS workload. On average, it can take anywhere from several months to over a year. Immediate relatives of U.S. citizens often have shorter wait times, while employment-based applicants or those in backlogged visa categories may experience longer delays. Applicants can check current processing times on the USCIS website and should prepare for biometrics, interviews, and potential requests for additional evidence.

Can I Work While My Adjustment of Status Application is Pending?

Yes, applicants for Adjustment of Status can apply for a work permit (Employment Authorization Document or EAD) using Form I-765. This allows them to legally work while waiting for their green card application to be processed. If granted, the EAD is typically valid for one to two years and can be renewed if the AOS application is still pending. Some applicants, such as those on valid work visas (e.g., H-1B), may continue working without needing an EAD.

Can I Travel Outside the U.S. While My Adjustment of Status is Pending?

Applicants for AOS generally should not leave the U.S. without first obtaining advance parole, which is requested using Form I-131. If they travel without advance parole, their AOS application may be considered abandoned. However, certain visa holders, such as H-1B and L-1 workers, may travel under specific conditions without jeopardizing their application. It’s crucial to check eligibility before making travel plans.

What Happens If My Adjustment of Status Application is Denied?

If an AOS application is denied, USCIS will issue a denial notice explaining the reason. Applicants may have options such as filing a Motion to Reopen or Reconsider, appealing the decision, or reapplying if circumstances allow. In some cases, applicants may be placed in removal (deportation) proceedings, so it’s advisable to consult an immigration attorney to assess the best course of action.

Can I Include My Family Members in My Adjustment of Status Application?

Certain family members, such as a spouse and children under 21, may be eligible to adjust status as dependents of the primary applicant. Family members must each file their own Form I-485 and meet eligibility criteria. Their applications are usually processed together, but factors such as visa availability can affect processing times for dependents.

What Fees Are Associated with the Adjustment of Status Process?

The filing fee for Form I-485 varies based on the applicant’s age and category, but it generally ranges from $750 to $1,440, including biometrics fees. Additional costs may apply for other required forms, such as Form I-765 (work permit) and Form I-131 (advance parole). Fee waivers are available in limited cases for applicants who demonstrate financial hardship.

Contact Yekrangi & Associates

Yekrangi & Associates will carefully evaluate your case to determine if you are eligible to adjust your status or recommend steps you need to take before applying for adjustment of status.

Related Reading

• Adjustment of Status Under Section 245(i)

To schedule an initial consultation with us today, don't hesitate to contact us at (949) 478-4963.