Practice areas
Adjustment of status: from visa holder to lawful permanent resident
File the I-485, attend biometrics and the USCIS interview, and become a green card holder without a preventable denial.
Consultations by phone, Zoom or WhatsApp, in English, Spanish or Portuguese.
Short answer
Adjustment of status is the process of becoming a lawful permanent resident, or green card holder, while you are already inside the United States. It usually means filing Form I-485, and it can be filed together with the underlying petition, which is called concurrent filing. You will also attend a biometrics appointment and an interview with USCIS, and an immigration lawyer can prepare you for both and attend the interview with you.
Adjust from a temporary visa to lawful permanent residence inside the United States.
What is adjustment of status?
Adjustment of status is the process that lets a person who is already in the United States change from a temporary visa holder into a lawful permanent resident, or green card holder.
Recent changes in U.S. immigration laws have made the requirements harder to understand on your own. The process usually involves submitting an Application to Register Permanent Residence or Adjust Status, Form I-485, along with additional forms. Those additional forms may be submitted at the same time as the application or separately. Filing them together is called concurrent filing, and it can reduce the total time it takes to obtain a green card.
You will also attend an Application Support Center appointment, known as a biometrics appointment, and an interview with USCIS. During these appointments you will answer questions and review your background. An immigration officer's job is to uncover any pertinent information, which can make the interview stressful. That is why it is best to prepare with, and be accompanied by, an immigration lawyer who can make sure you are treated fairly.
Who can adjust status?
To obtain a green card, you must fall into a specific category as an intending immigrant. The most common categories are family-based, employment-based, and humanitarian cases such as asylees and refugees.
Family-based immigrants
You must have an approved visa petition before the adjustment of status process begins, and your priority date must be current.
Employment-based immigrants
Your employer must have filed and had approved the required petition, and a visa number must be available in your category.
Asylees and refugees
You must have waited one year since your entry into the United States or since your asylum approval date before applying.
The adjustment process
After we confirm that you are eligible and that a visa is available, we assemble and file the application package.
- We file Form I-485 and any related forms, either concurrently with the underlying petition or after it is approved.
- USCIS schedules a biometrics appointment to take your fingerprints and photograph.
- USCIS schedules an interview where you answer questions about your application and background.
- Your lawyer prepares you for the interview and, where permitted, attends with you.
Determine your eligibility
You must have a valid visa to be eligible for adjustment of status. If your visa expired and you stayed past the valid date, you may have to leave the country before seeking adjustment, and you may no longer be eligible to return.
There are exceptions under the Immigration and Nationality Act 245(i). If an employer or family member filed a qualifying petition for you on or before April 30, 2001, you may be able to pay a $1,000 penalty fee and continue to seek adjustment of status.
You must also currently reside inside the United States. You cannot live in another country, including your home country, while the case is pending. If you have been outside the U.S. for an extended period, you are most likely not eligible.
An immigration lawyer can help you prove your eligibility, spot problems before they delay the case, and avoid a denial.
Who qualifies?
You are inside the United States in a valid status
You must currently reside in the U.S., and most applicants need a lawful entry or a qualifying exception.
You fall into a qualifying immigrant category
Family-based, employment-based, asylee, refugee, or another eligible category.
A visa is available in your category
Immediate relatives always have one; other categories need a current priority date.
You are admissible or can obtain a waiver
Certain criminal, immigration, or health issues can be addressed with the right waiver.
Schedule a case evaluation
Tell us your situation. We will tell you honestly whether you have a case.
Schedule Free Case EvaluationWe reply within 1 business day, in English, Spanish or Portuguese.
Do you qualify? A four-question check
Do you qualify? A four-question check
Four questions. Nothing you answer is stored or sent to us.
What does the process look like?
Eligibility and category review
During the free review
We confirm that you qualify, that a visa is available, and whether 245(i) or a waiver applies.
File the application package
2 to 4 weeks
We file Form I-485, and any concurrent or follow-up forms, with the supporting evidence.
Biometrics appointment
3 to 8 weeks after filing
USCIS takes your fingerprints and photograph at an Application Support Center.
Interview and decision
4 to 12 months after filing
We prepare you for the questions and attend with you when permitted.
How long does it take?
Adjustment of status in South Florida generally takes 10 to 24 months from filing to decision, depending on the field office and whether the case is straightforward. Concurrent filing can shorten the overall path compared with filing petitions separately.
What does it cost?
Flat fee for the I-485 package, quoted before you hire us.
Straightforward adjustment cases are priced as a flat legal fee. Cases requiring a waiver, 245(i) analysis, or a response to a request for evidence are quoted individually.
Government filing fees are set by USCIS and are not part of our fee.
Frequently asked questions
Concurrent filing means submitting Form I-485 at the same time as the underlying petition, such as an I-130 or I-140, rather than waiting for the petition to be approved first. It can shorten the overall timeline.
Contact
Tell us about your case
Send us the basics and we'll reply within one business day in English, Spanish or Portuguese.
- We reply within one business day, in English, Spanish or Portuguese.
- Consultations by phone, Zoom or WhatsApp.
- Attorney input is part of our case evaluation process from the start. The information you share is carefully reviewed with an attorney.
Take the Next Step Today
Whether you need help with a visa, a green card, or deportation defense, we're ready to help.
Reach out to our trusted immigration law attorneys in Coral Springs and South Florida.