Is adjustment of status the right path for you?
If you entered the United States with a visa or other lawful admission and you now have an approved or pending petition, you are likely a candidate to adjust status. The most common cases are spouses and immediate relatives of U.S. citizens, family members whose priority date has become current, people with approved asylum after one year, and certain employment-based applicants.
The alternative is consular processing, which requires leaving the country for an interview abroad. For many people inside the U.S., adjustment is safer because you stay with your family and keep your job while the case is pending. For others, especially people who entered without inspection, adjustment is not available and the consular route is the only option.
The adjustment of status process, step by step
USCIS decides I-485 applications under federal law. The order below is typical for a family-based case.
- Step 1: Confirm eligibility. You need a qualifying petition (such as an I-130 or I-140), a visa that is available now, and a lawful entry in most family cases.
- Step 2: File Form I-485 with the supporting documents: birth certificate, proof of entry, the medical exam on Form I-693, and the Affidavit of Support (Form I-864) when a sponsor is required.
- Step 3: File Form I-765 for a work permit and Form I-131 for advance parole at the same time, so you can work and, in some cases, travel while you wait.
- Step 4: Attend the biometrics appointment for fingerprints and photos.
- Step 5: Respond to any Request for Evidence, then attend the adjustment of status interview if USCIS schedules one.
- Step 6: Receive the decision. If approved, your green card is mailed to you.
Who is eligible to adjust, and who usually is not
Eligibility turns on a few questions. Were you inspected and admitted or paroled when you entered? Is a visa number available in your category today? Have you kept your status, or does an exception excuse a lapse? Immediate relatives of U.S. citizens are forgiven for overstaying and for working without permission, but other categories are not.
People who entered without inspection generally cannot adjust in a family case unless they qualify under section 245(i), an older provision that protects some people with petitions or labor certifications filed many years ago. If that does not apply, consular processing with a provisional waiver may still lead to a green card. We check both options before recommending a route.
How USG Law Group handles your I-485
We start by reviewing your immigration history in detail, including every entry and exit, because that history decides whether adjustment is possible. Then we assemble the full package: the I-485, the companion forms for work and travel, the affidavit of support, and the civil documents in the format USCIS expects.
Our USCIS Practice Manager Gigi Mejia manages the USCIS filing side and tracks every notice so nothing is missed. Marianela Uribe, our lead attorney, reviews the file before it goes out, handles any Request for Evidence, and prepares you for the interview. We can attend the interview with you in person.
What can go wrong with an I-485
Denials often trace back to problems that were visible before filing. An incomplete medical exam, a sponsor whose income is too low, a missing translation, or an unexplained gap in status can each trigger an RFE or a denial. Criminal history, even an old charge that was dismissed, must be disclosed and documented.
If an I-485 is denied and you have no other status, USCIS may refer the case to immigration court (EOIR). That is a serious consequence, which is why we take a conservative approach: we would rather tell you a case is risky now than file it and hope. If your case has already been denied, our removal defense team can review your options.
Why applicants choose USG Law Group
You get a lawyer who speaks your language, explains each form, and returns your calls. Clients tell us their applications were ready sooner than other offices had quoted and that no question went unanswered. Our office is in Woodbridge, but many clients in Baltimore, Richmond and Washington DC work with us entirely by phone and Zoom. Payment plans are available.
If you are not sure whether adjustment or consular processing fits you, start with our Green Card overview page. Spouses should also read our Marriage-Based Green Card page, and anyone whose entry was without inspection should look at our Waivers page for the I-601A.
