Adjustment of Status

Valid underlying petition (I-130/I-140) establishing your eligibility for adjustment of status. When you can apply depends on your eligibility category and something called the priority date.
- What is a priority date? It is the date your application was received by USCIS. Unless you are an immediate relative, that date will control when you are eligible to apply for adjustment of status.
Lawful entry into the United States either by a visa or a parole.
- If you have a very old petition filed before April 30, 2001, you may be exempt from this requirement upon payment of a $1,000 penalty. The Sofia Law Firm can help you determine if you are eligible.
Have maintained lawful status the entire time you have been in the United States (meaning no unauthorized employment and never falling out of status – not even for one day). HOWEVER, if you are an immediate relative of a U.S. Citizen these rules will not apply to you. That means even if you worked without authorization or overstayed you can still adjust your status as an immediate relative.
- Who is an immediate relative? Spouse of a U.S. Citizen, Parent of a U.S. Citizen 21 years and older, Child of a U.S. Citizen under the age of 21.
You do not have any bars to adjustment of status. Immigration law has a lot of reasons why someone can be “inadmissible” or unable to qualify for a green card. Reasons for inadmissibility can include – prior immigration violations, removal orders, criminal history, fraud, and medical conditions. Some reasons for inadmissibility have waivers that you can request and some do not – meaning you can never adjust your status. It is important to discuss your case with a competent attorney who can let you know if any of these issues could apply to you.
People who enter on the Visa Waiver Program or ESTA can only apply for adjustment of status as the immediate relative of U.S. Citizens.

What happens once you file for adjustment of status?

What are some common issues with adjustment of status applications?

Your application is received and processed by USCIS. You will be issued receipt notices. In some places (like Florida) you can use those receipt notices to get an ID or driver’s license.
You are scheduled for a biometrics appointment or sent notification that they will use your biometrics that they already have on file. A biometrics appointment generally includes fingerprinting, having your picture taken, and a signature.
If you applied for a work permit, generally the next step will be the approval of the work permit. Once you have the work permit, you can apply for a social security number.
An interview with a USCIS officer is scheduled (in rare cases they may waive the interview although the current policy is to limit interview waivers). At your interview the officer will ask you questions about your qualifying petition or relationship and also about your eligibility to become a lawful permanent resident. If an officer suspects fraud or there are other issues with the case, you may be scheduled for a second more in depth interview at a future date.
Approval in the mail followed by your green card arriving in the mail. Expect the card to come within two weeks after the approval notice.

What are some common issues with adjustment of status applications?

The most common issues come with the affidavit of support. It is important that your petitioner is able financially support you and can meet the poverty guideline requirements. The number changes based on the number of people in the household. People often claim additional deductions or expenses on their tax returns which reduces their income and could cause them to not make enough to qualify as a sponsor. In that situation, you will have to obtain a joint sponsor and submit the correct documentation.
Public Charge – you have to show that you will not be someone who relies on public assistance in the future. It is important to detail your skills and qualifications as part of your application.
Prior Fraud – please note that officers will even check prior applications that you filed and prior visa applications that you filed at the consulate. Also, if you have ever had a prior petition denied because USCIS did not believe your marriage was real you will have to not only prove the validity of your new marriage but also the validity of your old marriage when you apply.

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Adjustment of Status

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What happens once you file for adjustment of status?

What are some common issues with adjustment of status applications?

What are some common issues with adjustment of status applications?

What are some common issues with adjustment of status applications?

What are some common issues with adjustment of status applications?

What are some common issues with adjustment of status applications?

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