Adjustment of Status: Getting a Green Card in the U.S.

For visa holders and immigrants ready to secure a future in the U.S., adjustment of status enables you to obtain a green card without leaving the United States. 

If you are outside of the United States, you must obtain your visa abroad through consular processing.

As a former USCIS immigration service officer, Marron Gebremeskel has a deep understanding of the adjustment of status process. To get personalized advice, schedule a consultation with the Law Office of Marron Gebremeskel, PLLC. Until your consultation, we’ve outlined what you need to know to get started.

Adjustment of Status Process

1. Check Eligibility for a Green Card: The most common green cards are based on family, employment, or humanitarian grounds.

2. File an Immigrant Petition: Your sponsor (family or employer) will file the appropriate petition with USCIS, along with necessary supporting documents. Some of the documents you might need include:

3. Wait for Petition Approval: Once the petition is filed, it must be approved by USCIS before you can proceed. In some cases, the adjustment of status application can be filed at the same time.

 4. File Form I-485: After the petition is approved and a visa is available, your lawyer will file Form I-485, Application to Register Permanent Residence or Adjust Status and Form I-693, Report of Immigration Medical Examination and Vaccination Record.

 5. Biometrics Appointment: You’ll attend a biometrics appointment for fingerprinting and other identification processing.

 6. USCIS Interview: If required, attend an interview where a USCIS officer will ask questions about your application.

 7. Receive a Decision: After the interview and processing, USCIS will decide whether to approve or deny your application.

How Long Does It Take for Adjustment of Status?

The length of time it takes to complete the adjustment of status process varies depending on several factors, including the applicant's individual circumstances, the accuracy and completeness of the submitted forms, and the processing times of the United States Citizenship and Immigration Services (USCIS) at the time of filing.

Generally, it can take anywhere from several months to over a year to receive a decision. Applicants can check current processing times on the USCIS website to obtain a more accurate estimate for their specific case. During this period, it's important to ensure all requested documents are provided promptly to avoid delays.

90-Day Rule for Adjustment of Status

The 90-day rule is used to determine if applicants misled government officers when they were granted visas or admitted to the country. If an immigrant takes actions within 90 days of arriving in the U.S. that are inconsistent with their nonimmigrant status, they may become inadmissible for a green card or even permanently barred from entering the U.S.

Therefore, applicants must be transparent and compliant with their immigration journey towards permanent residency.

When to Call an Adjustment of Status Lawyer

In order to improve your chances of success, we recommend always working with an adjustment of status lawyer, even if you think your case is simple. Because a simple mistake can result in a denial and a big headache.

If you are in one of these scenarios, you must consult with adjustment of status lawyer:

  • You are in the U.S. on a temporary visa and your plans have changed.

  • You've been granted an immigrant visa but delayed applying for your green card.

  • You've lived in the U.S. with asylum status for at least 1 year.

  • You are in the U.S. with T nonimmigrant status and either 3 years have passed or your case has been resolved.

  • You are in the U.S. with U nonimmigrant status for 3 years and have assisted law enforcement as required.

Book an Appointment with an Adjustment of Status Lawyer

Securing your future in the U.S. starts with the right guidance. Book a consultation with an experienced immigration lawyer at the Law Office of Marron Gebremeskel in Mansfield, Texas.