Adjustment of Status
Adjustment of Status for Permanent Residence
Adjustment of Status allows certain eligible individuals who are present in the United States to apply for lawful permanent residence without completing immigrant visa processing abroad. This process may be available through family-based and employment-based immigrant classifications, including cases involving approved or concurrently filed immigrant petitions where permitted. Eligibility depends on the underlying immigrant category, visa availability where applicable, immigration history, and other statutory requirements.
Heckler Law Group represents individuals, families, professionals, and employers in Adjustment of Status matters. Our representation includes evaluating eligibility, preparing Form I-485 and supporting applications, reviewing documentary evidence, and addressing issues that may arise during USCIS processing. We approach each matter with careful legal analysis and thorough preparation, taking into account the applicant’s immigration history, underlying immigrant petition, and long-term immigration objectives.
Points:
- Adjustment of Status Eligibility Review
- Form I-485 & Supporting Applications
- Employment Authorization & Advance Parole
- Requests for Evidence (RFEs) & USCIS Issues
- Adjustment of Status Interview Preparation
Guidance for Your Green Card Application
The Adjustment of Status Process
Eligibility & Case Preparation
The applicant’s eligibility is evaluated, and Form I-485 and supporting documentation are prepared for filing.
Application Filing
The application is submitted to USCIS with the required supporting documentation and filing fees.
Biometrics & USCIS Review
USCIS may schedule a biometrics appointment and will review the application. In some cases, USCIS may issue a Request for Evidence (RFE) or raise another issue requiring further response or legal analysis.
Interview
USCIS may schedule an interview to review the application and determine eligibility.
USCIS Decision
USCIS issues a decision. If approved, the applicant becomes a lawful permanent resident.
Who May Be Eligible for Adjustment of Status?
Eligibility for Adjustment of Status depends on the underlying immigrant classification and the applicant’s individual circumstances. Relevant considerations may include lawful admission or parole, maintenance of immigration status where required, visa availability, immigration history, and applicable grounds of inadmissibility. Different requirements and exceptions may apply depending on the basis for adjustment, making a careful review of the applicant’s circumstances essential to determining eligibility.
Employment Authorization
and Advance Parole
Adjustment of Status vs. Consular Processing
Depending on the immigrant category and circumstances, an Adjustment of Status applicant may also be eligible to apply for employment authorization and advance parole while Form I-485 is pending. Eligibility and the implications of employment or international travel should be evaluated based on the individual’s immigration status and case history.
Adjustment of Status and consular processing are two distinct procedures for obtaining lawful permanent residence. Adjustment of Status generally allows eligible individuals to apply for permanent residence while remaining in the United States, whereas consular processing involves applying for an immigrant visa through a U.S. embassy or consulate abroad. The appropriate procedure depends on the applicant’s location, immigration history, underlying immigrant classification, and other eligibility considerations. Heckler Law Group advises clients regarding the available options and the legal requirements applicable to their circumstances.