Adjustment of Status Lawyer

What Is Adjustment of Status?

Adjustment of status allows eligible individuals already living in the United States to apply for lawful permanent residency (a green card) without needing to return to their home country.

You can get a green card through marriage, family sponsorship, or other immigration pathways. These must be done by applying for it.

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Adjustment of Status vs. Consular Processing

  • Adjustment of Status: For applicants already in the U.S., this process allows you to adjust your current immigration status (e.g., as a student, temporary worker or visitor) to permanent resident status.
  • Consular Processing: Those applying outside the U.S. must go through consular processing. Your application is processed by The National Visa Center, and you must attend an interview at a U.S. embassy or consulate in your home country.

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90-Day Rule

Applying for adjustment of status within 90 days of entering the U.S. on a nonimmigrant visa may lead to suspicion or denial of your application.

Follow your visa conditions and consult an immigration attorney to avoid issues.

 

Timeline for Adjustment of Status and Green Card Applications

The timeline for adjustment of status and green card applications depends on your eligibility category, the type of application, and your individual circumstances.

Timeline for Adjustment of Status and Green Card Through Marriage

You can expect the process to take about 10-13 months if you are applying for a green card through marriage. The timeline for your application can also depend on whether you’re married to a U.S. citizen or a green card holder, as well as your location.

K-1 Fiancé Visa Timeline for Adjustment of Status and Green Card

For those in the U.S. on a K-1 fiancé visa, the processing timeline for adjustment of status and green card application are as follows:

  1. 90 Days: Enter the U.S. and marry your U.S. citizen sponsor within this timeframe.
  2. 6–12 months: File Form I-485 (Application to Register Permanent Residence or Adjust Status), receive a notice to attend a biometrics appointment and await approval.

Application Timeline for Adjustment of Status and Green Card Through VAWA

Since VAWA petitions do not require a sponsor, you can file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and Form I-485 for adjustment of status at the same time. This speeds up your processing time to about 3.5 years instead of over 4 years.

Since VAWA cases involve sensitive abuse claims, submitting thorough documentation is crucial.

Request A Consultation Today To Discuss Your Families Options.

Timeline for Adjustment of Status and Green Card Through Family-Based Visas

The processing time for family-based green cards range widely depending on your relationship to your sponsor, if your sponsor is a U.S. citizen or lawful permanent resident and where you live. It also depends on if you file Form I-485 to adjust your status at the same time that you file Form I-130 Petition for Alien Relative. The average processing times are:

  • Immediate Relatives of U.S. citizens (spouses, unmarried children under 21, and parents): 9-18 months
  • Family Preference: Ranges from 2–10 years depending on visa caps and priority categories.
Adjustment of Status Family - Laura Torres

Factors That May Affect Processing the Timeline for Adjustment of Status and Green Card Applications

Below are some factors that can influence the timeline of adjustment of status and green card applications:

  • Backlogs at USCIS or consulates.
  • Requests for additional evidence.
  • Scheduling conflicts for interviews or biometrics appointments.

Consult with an immigration lawyer, like Laura Báez Torres, who can update you on these timelines and provide useful information for a faster green card application.

What Is the Adjustment of Status Green Card Process?

  1. File Form I-485: If you already have an approved immigrant petition, you will need to complete and submit Form I-485 with all supporting documents of your case. If you don’t have an approved immigrant petition, you will need to get that first. In some cases, you can file these forms at the same time.
  2. I-485 Fee Details: Pay the application fee alongside your adjustment of status request.
  3. Biometrics Appointment: Attend your biometric screening to provide fingerprints, photographs, and signatures for a background check.
  4. USCIS Interview: Depending on your category, attend an in-person interview to verify your eligibility and the authenticity of your application (e.g., proof of your marriage).
  5. Receive Decision: The USCIS will decide to deny or approve your application. If approved, you will receive your green card.

Form I-485 Fee Details

At this time of writing, general filing for I-485 fees costs $1,440. Note that fee waivers may be available for specific applicants based on financial need.

Consult an Adjustment of Status Lawyer with Laura Báez Torres Law

At Laura Báez Torres Law, we specialize in helping clients with their adjustment of status cases and have a proven track record of success. Our team will assess your situation, explain your options, and guide you through every step of the process.

Book a consultation with us to start your green card application today.

Adjustment of Status Lawyer - Laura Torres