Getting a Green Card with an Adjustment of Status Lawyer

What is adjustment of status?

Adjustment of status is the process for applying for a green card from within the United States. Even if your visa expires before your green card is approved, the adjustment of status process allows you to stay in the United States as your application is being processed.

Form I-485 is the primary form that an immigrant must submit to the United States Citizenship and Immigration Services (USCIS) to register permanent residence through the adjustment of status process. If you are not eligible for adjustment, you must use consular processing (apply from outside the U.S.).

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Eligibility for Adjustment of Status

Not everyone can submit an adjustment of status application to USCIS.

You need to meet specific requirements before applying to adjust your status. Some of these requirements are:

  • You must be physically present in the United States with a valid immigrant visa.
  • You have a lawful status.
  • If you’re not filing concurrently, you have an approved I-140 or I-130 form.
  • You have a visa number for your green card application type.
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  • You’re on a valid K-1 fiancé visa and married to a US-based spouse.
  • It has been over a year since the USCIS granted you asylum or refugee status.
  • You meet all the Immigration and Nationality Act requirements under Section 245(i).

Depending on your visa type and circumstances, there are different forms and procedures you might have to go through. This is why it is a good idea to have an adjustment of status lawyer to guide you through the process.

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Common Mistakes to Avoid in an Adjustment of Status Application

When applying for an adjustment of status, it’s crucial to handle your application with great care and precision to avoid unnecessary delays or denials. By understanding common pitfalls and taking steps to avoid them, you can improve your chances of success in obtaining your green card.

  • Filing Incorrect Forms: Ensure you are submitting the correct USCIS forms required for your specific case. Using the wrong form or outdated versions of a form can result in automatic rejection.
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  • Failure to Provide Complete Documentation: Missing supporting documents, such as birth certificates, marriage certificates, or financial evidence, can lead to delays or even denial of your application. Double-check that all required documents are attached before submission.
  • Submitting the Application with Errors: Typos, incomplete fields, or providing inconsistent information between forms can create confusion and hurt your credibility. Carefully review your application forms to ensure accuracy and consistency.
  • Submitting a Late Request for Evidence (RFE): If USCIS issues an RFE asking for additional documentation, it is critical to respond accurately and within the specified timeframe. Ignoring or delaying your response can harm your case.
  • Skipping Legal Advice: Some applicants choose to proceed without consulting an immigration attorney, which can lead to avoidable mistakes. An experienced attorney can guide you through the process and help you address any potential issues proactively.

Taking the time to review your application carefully and avoiding these common mistakes can save you from future complications and help ensure a smoother adjustment of status process.

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Adjustment of Status Lawyer FAQ

How Long Does Adjustment of Status Take?

The time it takes to process an adjustment of status application can vary greatly depending on several factors. These factors include the type of application, the applicant’s country of origin, and the current workload of USCIS. On average, the process can take anywhere from several months to over a year.

It is important to check the USCIS processing times for your specific category regularly and to respond promptly to any requests for additional information or documentation. Delays can often occur if forms are incomplete or if required supporting evidence is missing, so thorough preparation is key to minimizing wait times.

How Can a Lawyer Help with an Adjustment of Status?

If you would like to adjust your immigration status, contact Inspira Immigration. As someone who has filed numerous immigration petitions, Leonelba Martinez knows all the forms you need to submit, and she can quickly detect errors and correct them.
Our firm can help you adjust your status by:

  • Identifying the immigrant category that best matches your reason for adjusting your status
  • Obtaining the necessary forms for an immigration petition and checking your visa availability
  • Ensuring the forms are filled out correctly and filed on your behalf
  • Attending any USCIS appointments and interviews, and responding to inquiries from USCIS
  • Assisting you with appeals in the event your application was denied.

Let us guide you through the process of adjusting your immigration status. We are happy to help you throughout your immigration journey.

Who Pays the Adjustment of Status Fees?

The current fee for most applicants is $1,440. These fees are subject to change so check the USCIS website for the most updated information.
If you are filing to adjust your status and obtain a family-based green card, you will have to pay all the expenses yourself in most cases. However, a waiver is available to certain low-income applicants.
But if you are adjusting your status based on a job offer that came from a U.S. employer, the employer will most likely pay filing fees.
Bear in mind that if you have been admitted as a refugee to the U.S., there is no need to file the I-485 form or pay the fee. But that doesn’t apply to people who were granted asylum at least one year ago.

How Much Do Adjustment of Status Lawyers Charge for Their Services?

The immigration attorney’s fee for your adjustment of status depends on the law firm you choose. Your immigration attorney might charge you a flat fee or an hourly rate. If there is a possibility that your application process will take a long time, go for a flat fee. The attorney’s fee is in addition to any administrative fees, such as the filing fee.

Do You Need an Adjustment of Status Lawyer?

Your adjustment of status application can get complicated with the various requirements of immigration law. You can even be denied your adjustment of status. When this happens, an immigration lawyer can help you work out what went wrong and whether you can file a new application.

The costs associated with filing an I-485 form are high. But an experienced attorney can help you follow all the procedures and file all necessary documents. If everything is in order, you can save money down the road. On top of that, a qualified attorney can ensure you are eligible and spot any legal problems that may arise during the process.

An adjustment of status lawyer can help you with every aspect of your adjustment of status procedure.

Inspira Immigration Law has a reputation of maintaining an excellent attorney-client relationship, helping with all your needs. If you’re looking to adjust your status, contact us and we’ll help you get started.

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Your journey to lawful permanent residency starts with the right guidance. Let our team help you move forward with clarity and confidence. 

We’ll explain your options, answer your questions, and support you through every step of the process.

Immigration Attorney in Boynton Beach, Florida - Inspira Immigration Law