Adjustment of Status: Timelines, Requirements, & Fees
Immigrants seeking to be permanent residents in the United States must apply for adjustment of status.
This guide will explain the timeline for adjustment of status, eligibility, and fees for a successful application.
Schedule a consultation with an adjustment of status lawyer from Kaur Law P.C. to get personalized advice. Until your consultation, we’ve outlined what you need to know about the adjustment of status process.
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Adjustment of Status
The adjustment of status process allows immigrants or temporary visa holders to apply for permanent residency (green card) without leaving the U.S. This process is completed through U.S. Citizenship and Immigration Services (USCIS).
If you are outside the United States, you must apply for a visa abroad through consular processing at a U.S. embassy or consulate in your home country.
Timeline for Adjustment of Status
The timeline for adjustment of status can range from months to over a year. Several factors may contribute to delays, including the applicant’s circumstances, accuracy of documents, and processing times at the time of filing.
For a more accurate estimate of your case, you can check current processing times on the USCIS website for each form you will file. During this period, you must provide all requested documents promptly to avoid delays.
90-Day Rule for Adjustment of Status
The 90-day rule determines if applicants misled government officers when they were granted visas or admitted to the country. If you entered the U.S. on a nonimmigrant visa and then apply for adjustment of status within 90 days of your arrival, you can be deemed inadmissibile or get a permanent U.S. immigration ban.
If applicants want to become green card holders in the U.S., they must be transparent and compliant in their immigration journey.
Eligibility for Adjustment of Status
Eligibility for adjustment of status depends on you fit into an immigration category, which includes:
- Family: Immediate relatives of U.S. citizens or lawful permanent residents.
- Employment: Individuals sponsored by their employer under an eligible visa category.
- Humanitarian Grounds: Refugees, asylum seekers, and victims of specific crimes.
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What is the Adjustment of Status Process?
1. Green Card Eligibility
You may be eligible for a green card based on family, employment, or humanitarian grounds.
2. File a Petition
Your family or U.S. employer will file the appropriate petition with USCIS on your behalf with supporting documents. These include:
- Form I-130 for family-based immigrant visas
- Form I-140 for employment-based immigrant visas
- Form I-360 to classify you as a VAWA self-petitioner
- Form I-864 to prove you have financial support
3. Wait for Your Petition to be Approved
Once they file a petition, USCIS should approve it before you can proceed. In some cases, you can file it simultaneously with the adjustment of status application.
4. File Form I-485
After USCIS approves your petition, your sponsor or lawyer will file Form I-485 (Application to Register Permanent Residence or Adjust Status) with Form I-693 (Report of Immigration Medical Examination and Vaccination Record).
5. Attend Biometrics Appointment & USCIS Interview
USCIS will require you to attend an interview and ask questions about your application. You will also attend a biometrics appointment to collect your fingerprints, photographs, and signatures as part of a background check.
6. Wait for a Decision
After the interview and processing, USCIS will decide whether to approve or deny your application.
What are the Fees for the Adjustment of Status Process?
Adjustment of status fees can vary depending on your situation and visa category you’re applying for. They typically include filing fees for Form I-485, biometric services, and medical exams. Check the current USCIS fee schedule for a detailed cost outline.
Book an Adjustment of Status Consultation with Kaur Law
If you’re unsure or need assistance, our experienced immigration attorneys at Kaur Law are here to help. With offices in California and Michigan, we specialize in guiding immigrants through the adjustment of status process.
Request a consultation and take the first step to becoming a permanent resident in the United States.
