Adjustment of Status Lawyers

If you’re an immigrant who is currently in the United States and eligible for a green card, you may be able to apply for permanent residency through a process called adjustment of status.

At Gardner & Mendoza, P.C. Immigration Law, our attorneys have walked thousands of individuals and families through the adjustment of status process to achieve their goals of permanent residency in the U.S. Let us help you navigate the path to permanent residency with confidence and ease.

Am I Eligible to Adjust My Immigration Status?

Adjustment of status is the process of applying for a green card and becoming a permanent resident of the United States from within the country without having to return to your home country to complete visa processing.

To be eligible for adjustment of status, you generally must:

• Have a valid visa or other lawful status in the U.S.
• Have a qualifying family relationship with a U.S. citizen or permanent resident, a job offer from a U.S. employer, or another basis for a green card
• Be admissible to the United States and not subject to any bars or ineligibilities

Our adjustment of status lawyers can help you assess your eligibility and determine the best path forward based on your individual circumstances.

The Adjustment of Status Process

The adjustment of status process typically involves several key steps:

1. Eligibility Assessment: Our attorneys will review your case to determine your eligibility for adjustment of status and identify any potential challenges or red flags.
2. Petition Filing: Most adjustments of status cases start with the filing of a petition, such as an I-130 for family-based cases or an I-140 for employment-based cases.
3. I-485 Application: You may be eligible for concurrent filing of your petition and Adjustment of Status application. If not, once your petition is approved and a visa is available, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents and evidence. Our lawyers will help you determine whether you can concurrently file your case.
4. Biometrics and Interview: You’ll need to attend a biometrics appointment to provide fingerprints, photo, and signature (all digitally). You may be scheduled for an in-person interview with USCIS.
5. Decision: USCIS will make a decision on your adjustment of status application and notify you of the outcome. If approved, you’ll receive your green card in the mail.

Throughout the process, our adjustment of status lawyers will provide knowledgeable guidance, meticulous document preparation, and strong advocacy to help you achieve your goals.

Special Considerations in Adjustment of Status Cases

While adjustment of status can be a straightforward process for some immigrants, others may face special challenges or complications that require additional legal strategies and advocacy.

Some common issues that may arise in adjustment of status cases include:

• Inadmissibility: If you have certain criminal convictions, immigration violations, or other negative factors in your background, you may be inadmissible to the U.S. and ineligible for adjustment of status without a waiver or other form of relief.
• Unlawful Presence: If you’ve accrued more than 180 days of unlawful presence in the U.S., you may be subject to a 3- or 10-year bar on re-entry if you leave the country, which can complicate your ability to adjust status.
• Visa Retrogression: If you’re applying for adjustment of status based on an employment-based or family-based preference category, you may be subject to visa retrogression, which can cause significant delays in your case.
• Public Charge: Adjustment of status applicants must demonstrate that they are not likely to become a “public charge” (i.e., dependent on government assistance) in the future, which may require additional evidence and documentation.

Our adjustment of status lawyers have the knowledge and experience to help you navigate these and other challenges that may arise in your case, and develop effective strategies to overcome obstacles and achieve your goals.

Why Choose Gardner & Mendoza, P.C. Immigration Law for Your Adjustment of Status Case?

When you partner with Gardner & Mendoza, P.C. Immigration Law for your adjustment of status case, you benefit from:

• Extensive Experience: Our attorneys have decades of combined experience handling a wide range of adjustment of status matters, from the most straightforward to the most complex.
• Personalized Strategies: We take the time to understand your unique situation, goals, and challenges, and craft tailored strategies that fit your specific needs.
• Proactive Guidance: We stay on top of the latest changes in immigration law and policy, and provide proactive advice to help you navigate the ever-shifting landscape of adjustment of status requirements and procedures.
• Tireless Advocacy: We’re passionate about helping our clients achieve their dreams of permanent residency in the U.S., and we’ll work tirelessly to advocate for your interests every step of the way.
• Multilingual Services: Our team can assist clients in Spanish and English.

Frequently Asked Questions

What is adjustment of status?

Adjustment of status is the process of applying for a green card (permanent residence) from within the United States, without having to return to your home country for consular processing. To be eligible for adjustment of status, you must have entered the U.S. with a valid visa or other lawful status, and meet other requirements based on your green card category. If you entered without inspection or “illegally”, you still may be eligible for adjustment of status.

Who is eligible for adjustment of status?

To be eligible for adjustment of status, you must:

• Have a valid visa or other lawful status in the U.S. (with some exceptions)
• Have a qualifying family relationship, employment opportunity, or other basis for a green card
• Be admissible to the U.S. and not subject to any bars to adjustment
• Have an immediately available visa number, if required for your category

What is the adjustment of status process?

The adjustment of status process typically involves the following steps:

1. Filing the I-130 or I-140 petition to establish your green card eligibility
2. Filing the I-485 application to adjust status, along with supporting documents
3. Attending a biometrics appointment at your local USCIS Application Support Center for fingerprinting and background check
4. In some cases, attending an interview with USCIS Receiving a decision on your case and your green card

How long does adjustment of status take?

The processing time for adjustment of status varies widely depending on the green card category and USCIS workload. Some cases may be adjudicated within several months, while others can take a year or more. Your attorney can provide an estimated timeline based on your specific circumstances and USCIS processing trends.

Can I travel while my adjustment of status application is pending?

In general, it’s best to avoid international travel while your adjustment of status application is pending, as it can be considered an abandonment of your application. However, in some cases, you may be able to apply for advance parole, which allows you to travel abroad and return to the U.S. without jeopardizing your application. Your attorney can advise you on the risks and requirements of advance parole based on your case.

Adjust Your Immigration Status With Gardner & Mendoza, P.C. Immigration Law

If you’re ready to take the next step on your path to permanent residency through adjustment of status, we invite you to contact our office to schedule a confidential consultation with one of our experienced attorneys. During your consultation, we’ll take the time to listen to you, answer your questions, and provide an honest assessment of your case. We’ll also discuss our fees and services in a transparent manner, so you can make an informed decision about how to proceed.

Don’t navigate the adjustment of status process alone. Let the dedicated lawyers at Gardner & Mendoza be your guides and advocates on the path to achieving your American dream. Contact us today to get started.