Adjustment of Status is an immigration procedure for officially changing your immigrant status from a temporary visa category (such as a visitor visa or student
visa) to that of a legal permanent resident (green card holder). At the Law Office of Adrian Murati, we help individuals throughout the adjustment of status process including:
Determining whether you are eligible for adjustment of status;
Filling out the immigration forms and gathering the required documents;
Responding to Requests for Evidence from USCIS;
Preparing you for an Adjustment of Status interview;
Attending an Adjustment of Status interview with you.
Call us at (815) 289-3209 to discuss your immigration case with an immigration lawyer in Rockford, Illinois.
You can’t just decide that you want to apply for Adjustment of Status. Under Section 245 of the Immigration and Nationality Act, you can apply for adjustment of
status if you fall under one of the following categories:
You are eligible for a green card through a certain type of U.S. employer.
You are eligible through a family member (such as a parent, spouse, son, daughter, etc.) who is a U.S. citizen or permanent resident.
You have been granted asylum or refugee status.
You entered the U.S. on a K-1 Visa and married within 90 days.
You must be physically present in the U.S. to apply for Adjustment of Status.
You must not have entered the United States as a foreign national crewman, in transit without a visa.
You must not have entered the United States under the Visa Waiver Program (although USCIS has recently allowed immediate relatives of U.S. citizens to adjust
status even if they entered through the Visa Waiver Program).
You must be in a valid visa status at the time you submit your Adjustment of Status application. The major exception for this rule is for immediate relatives of
U.S. citizens who can still be granted adjustment of status as long as they entered in a valid visa status.
Other USCIS immigration programs, such as parole-in-place.
Adjustment of Status under section 245(i) and the LIFE Act. These are older immigration laws that are used in limited circumstances for individuals that are the
beneficiary of an immigration petition filed before April 30, 2001.
Here are a couple of typical Adjustment of Status scenarios:
Jane came to the United States on a student visa and met her boyfriend John in class at the university. After dating for a few semesters, John proposed to Jane
and they got married a few months later. Jane is eligible to “adjust her status” from student to legal permanent resident.
Eduardo’s parents have been getting older and he wants to bring them to the United States so he can take care of them. His parents have never been to the United
States and they applied for a visitor visa so they can see where their son lives and visit their grandchildren. His parents really like the U.S. and Eduardo convinces his parents to stay with
him. His parents are eligible to “adjust their status” from visitors to legal permanent residents.
Paul is from Florida and met Maria, who is from the Dominican Republic, on an online dating website. They talk on Facebook and Skype every day. Paul has gone on
a few trips to visit Maria in the Dominican Republic and they have recently started talking about marriage. Paul applies for a K-1 visa on behalf of Maria. After an interview at the U.S.
consulate in the Dominican Republic, Maria is approved for a K-1 visa and travels to the United States. Paul and Maria get married within the 90 day required period and file Adjustment of
Status papers on behalf of Maria shortly after their wedding.
These are just a couple examples of the types of Adjustment of Status cases that we see in our office every day.
There are approximately 30 pages of immigration documents that you need to fill out so that you can apply for Adjustment of Status which consist of the following
I-130 Petition for Alien Relative
I-485 Application to Register Permanent Residence or Adjust Status
I-864 Affidavit of Support
I-765 Application for Employment Authorization
I-131 Application for Travel Document
An attorney can help you make sure to properly fill out the forms so you can minimize the risk of delay in your case or even USCIS outright rejecting the
The following is an overview of the Adjustment of Status process:
Step 1: Prepare and file Adjustment of Status Packet with supporting documents.
Step 2: Within 2-3 days of mailing your application, you should receive a text message and e-mail from USCIS notifying you that they have received
the Adjustment of Status Packet.
Step 3: Within 2-3 weeks of mailing your application, you will receive a letter in the mail titled I-797C Notice of Action. This is an official
letter informing you that USCIS has started processing your Adjustment of Status Packet.
Step 4: Within 4-6 weeks from the date you received your I-797C, you will receive the biometrics appointment letter in the mail. The letter will
contain a time and place for you to go in to get fingerprinted.
Step 5: Go to your biometrics appointment at the location, date, and time provided on the biometrics appointment letter.
Step 6: Within 90 days of submitting the Adjustment of Status Packet, you should receive your employment authorization card (work permit) in the
Step 7: After obtaining a work permit, you may apply for a Social Security Card at the nearest Social Security Office or by filling out Social
Security Form SS-5 Application for a Social Security Card.
Step 8: A few weeks after your biometrics appointment, you will receive a letter in the mail that either notifies you that your Adjustment of
Status Packet has been approved or states a time and place to have an interview in Chicago with an immigration officer.
Step 9: Prepare and attend the interview. If you are approved, you should receive a green card in the mail a few weeks later.
Step 10 (for married couples only): You must apply to remove the conditions on your green card by filing Form I-751 Petition to Remove Conditions
on Residence during the 90 days before your second anniversary as a conditional resident.
At the Law Office of Adrian Murati, we have helped numerous clients throughout the adjustment of status process so that they can get their green card. If you think
you may be eligible to apply for Adjustment of Status, give us a call at (815) 289-3209 to discuss your immigration case with a Rockford lawyer.