Adjustment of status is the process that lets certain individuals apply for a green card from inside the United States instead of returning to their home country for a consular interview. It's often the more convenient path, but it's only available if you meet specific requirements, including how you entered the U.S. and whether you have an immediately available visa category.
We evaluate every AOS case against § 245 of the Immigration and Nationality Act, including the eligibility bars in § 245(c) that trip up cases involving unauthorized employment, unlawful status, or entry without inspection. Getting this analysis right at the start avoids a denial, or worse, removal proceedings, further down the line.
Who This Helps
- Immediate relatives of U.S. citizens who entered the U.S. with inspection
- Employment-based applicants with an approved or concurrently filed I-140 petition
- Asylees and refugees who have held status for the required period
- VAWA self-petitioners, U visa, and T visa holders adjusting after meeting eligibility requirements
- Individuals with an approved petition who are weighing AOS against consular processing
- Applicants with a prior overstay or status violation who may still qualify for an exception
How We Handle These Cases
§ 245(c) Eligibility Screening
We check your entry history, current status, and any employment or status violations against the exceptions and bars in § 245(c) before recommending AOS over any other path.
I-485 Package Preparation
We prepare the I-485 with supporting forms, often including I-864 Affidavit of Support, I-693 medical exam, and work/travel authorization requests, as one coordinated filing.
Biometrics & RFE Response
We track your case through biometrics and respond promptly to any Request for Evidence, which is common in more complex filings.
Interview Preparation & Approval
We prepare you for the USCIS interview, or advise if your case qualifies for an interview waiver, through to final approval and green card issuance.
Frequently Asked Questions
What's the difference between adjustment of status and consular processing?
Adjustment of status is filed with USCIS while you remain in the U.S. Consular processing is completed at a U.S. embassy or consulate abroad. Which one applies depends on your location, how you entered the U.S., and your visa category, not personal preference.
Can I work and travel while my I-485 is pending?
You can typically apply for an Employment Authorization Document (EAD) and Advance Parole travel document alongside your I-485. Traveling without approved advance parole while your case is pending can be treated as abandoning your application, so this needs to be handled carefully.
I overstayed my visa, can I still adjust status?
Immediate relatives of U.S. citizens have more flexibility with overstays than other categories, but it still depends on the specifics, including whether you accrued unlawful presence that could trigger a separate bar. This is exactly the kind of fact pattern that needs a real case review.
How long does adjustment of status take?
Processing times vary by USCIS field office and category, but many cases take roughly 12 to 18 months from filing to a decision. We'll give you a timeline based on current data for your specific field office.
This page is provided for general informational purposes and does not constitute legal advice. Every immigration case depends on its specific facts. Contact Murph & Tchamda LLP to discuss your situation with a licensed attorney before taking any action.