Adjustment of Status

For many individuals already living in the United States on a temporary visa, the “Adjustment of Status” (AOS) process is the final, critical step toward becoming a lawful permanent resident. This procedure allows you to apply for a green card without having to leave the country. At Hussain, Bendersky & Liston LLC, we understand that this is a pivotal moment in your life, and our dedicated team is here to provide the legal guidance needed to tackle the AOS process successfully.

What Is Adjustment of Status?

Adjustment of Status is the process of changing your immigration status from a nonimmigrant (like a student, tourist, or temporary worker) to a lawful permanent resident (a green card holder). Successfully completing this process grants you the right to live and work in the United States permanently. It is the primary pathway to a green card for eligible individuals who are already physically present in the U.S.

Who Is Eligible to Adjust Status?

Eligibility for AOS depends on several factors, but it is generally available to individuals who meet the following criteria:

• You are physically present in the United States.
• You have an approved immigrant petition, often filed by a family member or an employer.
• An immigrant visa number is immediately available to you based on your petition’s category and priority date.
• You initially entered the U.S. lawfully with a valid visa.

Common applicants include spouses of U.S. citizens, beneficiaries of employment-based petitions, and asylees or refugees.

The Adjustment of Status Process: Key Steps

The AOS process involves precise documentation and strict adherence to U.S. Citizenship and Immigration Services (USCIS) procedures.

1. Filing the Application: The primary form is the I-485, Application to Register Permanent Residence or Adjust Status. Depending on your case, this is often filed concurrently with other applications, such as for a work permit (Form I-765) and advance parole for travel (Form I-131).
2. Biometrics Appointment: After filing, USCIS will schedule an appointment for you to provide fingerprints, a photograph, and a signature for background and security checks.
3. The Interview: Most applicants will be required to attend an interview at a USCIS field office. A consular officer will ask questions to verify the information in your application and confirm your eligibility for a green card.
4. Receiving a Decision: After the interview, USCIS will issue a decision on your application. If approved, you will officially become a lawful permanent resident, and your green card will be mailed to you.

Common Questions About Adjustment of Status

Navigating this process often brings up many questions. Here are clear answers to some of the most common concerns we address for our clients.

What documents do I need to apply for adjustment of status?

While the specific documents vary by case, you will generally need to provide:

• Proof of identity and nationality (birth certificate and passport)
• Evidence of your lawful entry into the U.S. (I-94 record and visa stamp)
• The approval notice for your underlying immigrant petition (e.g., Form I-130 or I-140)
• A medical examination report from a USCIS-approved civil surgeon
• Two passport-style photographs
• Supporting evidence for your eligibility (e.g., marriage certificate for family-based cases)

How long does it take to adjust my status?

Processing times fluctuate based on USCIS caseloads and the specifics of your case. While timelines can range from several months to a few years, filing a complete and accurate application is the best way to avoid unnecessary delays. An attorney can help you understand the current processing estimates for your situation.

How Our Firm Provides Crucial Support

A minor error in your application can lead to a Request for Evidence (RFE), significant delays, or even a denial. The experienced attorneys at Hussain, Bendersky & Liston LLC provide meticulous, client-focused support to prevent these issues.

We assist by:

• Confirming your eligibility and developing a clear legal strategy.
• Preparing and filing a complete and accurate application package.
• Thoroughly preparing you for your USCIS interview.
• Responding promptly and effectively to any inquiries from USCIS.

With our firm by your side, you gain a trusted partner committed to turning your goal of permanent residency into a reality.

Begin Your Journey to Permanent Residence

If you are ready to take the next step toward securing your future in the United States, we are here to help. Contact Hussain, Bendersky & Liston LLC today to schedule a consultation and receive personalized guidance on your Adjustment of Status application.