Adjustment of status, governed by Section 245 of the Immigration and Nationality Act, allows certain non-citizens already in the United States to apply for lawful permanent residence (a green card) without returning to a U.S. consulate abroad. It requires an approved or concurrent underlying immigrant petition (family-based, employment-based, or another statutory category), an immediately available immigrant visa, and admissibility under the applicable grounds.
The application is filed on Form I-485, with extensive supporting documentation, and concludes with an interview at the local USCIS field office.
Eligibility requires more than the underlying petition.
To adjust status, the applicant generally must have been inspected and admitted or paroled into the United States, must have maintained lawful status (with exceptions for immediate relatives of U.S. citizens), must be admissible, and must not have triggered any of the specific bars to adjustment in INA section 245(c). Each of these conditions has nuances that determine whether adjustment is the right path or whether consular processing abroad is required.
Admissibility.
Applicants must clear the grounds of inadmissibility, which include certain criminal convictions, prior immigration violations, fraud or misrepresentation, public charge concerns, and health-related grounds. Many bars can be waived on a discretionary basis with a properly prepared waiver application. Some cannot.
Concurrent and adjustment-only filings.
In immediate relative cases, the I-130 petition and the I-485 application can be filed concurrently. In other categories, the petition must be approved and the priority date current before adjustment can be filed. The firm tracks the Visa Bulletin and times filings accordingly.
The interview.
Adjustment interviews at the Chicago USCIS field office cover the bona fides of the underlying relationship or employment, the applicant's immigration history, criminal history, and any potential ground of inadmissibility. The firm prepares each client through a detailed mock interview before the appointment.
Who This Is For
- Spouses and immediate relatives of U.S. citizens
- Family preference category beneficiaries with current dates
- Employment-based applicants with approved I-140s
- Applicants with prior immigration or criminal issues needing waivers
- Refugees, asylees, and special category adjustments
Why Work With This Firm
- Honest eligibility analysis up front
- Inadmissibility waivers prepared in-house
- Concurrent filing strategy where available
- Mock interview preparation for every client
- Coordination with any criminal matter