Adjustment of Status

Immigrations Adjustment of Status Lawyer in Philadelphia, PA

We Can Advocate On Your Behalf in an Adjustment Of Status Petition

Adjustment of status is a procedure that allows eligible individuals who were born outside of the U.S. but who are currently living in the U.S. to stay in the country and become a lawful permanent resident (LPR).

To apply for adjustment to permanent resident status, you must have entered the country legally. There are a few exceptions to this, including a provision that protects physically abused family members. The immigration attorneys at Henry & Grogan in Philadelphia can provide more details. Speak with an adjustment of status lawyer today and experience the advantages of living and staying in the United States during the green card application process.

What Is an Adjustment of Status?

Adjustment of status is the legal process that allows a foreign national already in the United States to apply for a green card without having to return to their home country. Instead of going through consular processing abroad, individuals may submit an application with the United States Citizenship and Immigration Services (USCIS) to change their immigration status. This process is often used by those seeking lawful permanent residence through marriage, employment, refugee or asylum status, or other qualifying categories under immigration law.

An adjustment of status application involves multiple steps, including filing the proper petition, submitting evidence such as a birth certificate or marriage certificate, paying the required fee, attending a biometrics appointment, and preparing for an interview with USCIS. Applicants may also request a work permit, known as an Employment Authorization Document, and a travel document while their case is pending. In some cases, additional documents such as an affidavit of support, waiver of inadmissibility, or a response to a Request for Evidence may be required.

It’s A Complex Process — Don’t Go It Alone

Immigration adjustment of status applications must include a basis for immigration — i.e., a family member or employer petitioning on your behalf, a special immigration classification, or a humanitarian basis. Generally, another individual (a family member or an employer, for example) must file the adjustment of status application on your behalf.

Aliens who live outside of the U.S. or who are ineligible to adjust their status while living in the U.S. may seek a visa to enter as a permanent U.S. resident under a process known as “consular processing.” We can assist you with this or any family-based immigration matter.

An applicant for adjustment of status must meet several criteria, including:

Current documentation of temporary legal status within the United States
Approval of all prerequisite petitions
Availability of the desired class of immigrant-track visa
No pending removal proceedings
No history of unauthorized employment or criminal activity

Applicants must remain eligible for permanent residency throughout the process. If an applicant’s availability for a desired immigrant-track visa changes for any reason, such as the death of one’s only permanent resident relative, the applicant may no longer be eligible for a family-based permanent resident card.

Your Philadelphia Immigration Law Experts

Adjustment of status is only one part of what our law office can assist with. Our family immigration law experts are also available for…

You Will Work With Our Adjustment of Status Attorneys From Start To Finish

The adjustment of status process is complex, and our attorneys are thoroughly knowledgeable about the traps that can lead to a delay or denial. We also take a personal interest in every client’s case so that they can achieve their dreams of living a new life in the U.S.

Schedule a free consultation with our adjustment of status lawyers in Philadelphia. We will answer your questions and recommend an effective course of action. Call or use our online contact form to get started.

Frequently Asked Questions

Who is eligible to apply for an Adjustment of Status?

Eligibility depends on your immigration category. Common categories include family-based petitions, employment-based petitions, refugee or asylee status, and certain humanitarian programs. You must also have an immigrant visa immediately available and meet all requirements.

Do I need to be physically present in the U.S. to file for Adjustment of Status?

Yes. AOS is only available for applicants currently inside the United States. If you are outside the U.S., you must go through consular processing instead.

What forms are required to file for Adjustment of Status?

The primary form is Form I-485, Application to Register Permanent Residence or Adjust Status. Depending on your case, you may also need supporting forms. Our adjustment of status lawyer in Philadelphia can help you determine which (if any) supporting documents you need.

How long does the Adjustment of Status process take?

Processing times vary widely depending on the USCIS service center handling your case, your visa category, and whether an interview is required. On average, it can take 8-14 months or longer.

What happens if my Immigration Adjustment of Status application is denied?

If USCIS denies your application, you will receive a written notice explaining the reasons. Depending on your circumstances, you may be able to file a motion to reopen/reconsider or appeal. An adjustment of status attorney from Henry & Grogan in Philadelphia can guide you through your options.