Last updated on February 27, 2025
Adjustment of status is the process of obtaining a green card (lawful permanent residency) while remaining within the United States. To be eligible, you must follow the rules established by U.S. Citizenship and Immigration Services (USCIS).
At Borjas Law Group, LLC., our Chicago attorneys have helped numerous individuals through the many steps involved in this process. We understand the anxiety and confusion that you may be experiencing in achieving your goal to remain in and work in the U.S. Our firm aims to provide you with compassionate and skilled assistance to make your immigration goals more attainable.
Caring and Competent Help for Obtaining a Green Card
Need to apply for a green card? Contact a Chicago adjustment of status lawyer at Borjas Law Group, LLC., by calling 312-788-2783 today.
Adjustment of Status vs. Consular Processing
If you are outside the United States when your immigrant visa becomes available, you will apply through a US embassy or consulate abroad in a process called consular processing. Adjustment of status, by contrast, is a process that allows you to pursue your green card without leaving the country.
For many people already living in the US, there are significant advantages to the adjustment of status process. You can stay close to your family and your job while also avoiding the uncertainty of traveling internationally while your immigration case is pending.
That said, adjustment of status is not the right fit for everyone. Some applicants are ineligible due to prior visa violations, unlawful entry, or other factors. In those situations, consular processing may be the more practical route. The right path forward depends on your specific circumstances and goals. A Chicago immigration attorney can review your situation and help you understand which option gives you the strongest chance of success.
The Adjustment of Status Process
Typically, the adjustment of status procedure involves two key components: an immigrant petition and a Green Card application. Sponsorship is often necessary for the petition, although self-petitioning is possible in certain situations. Here are the key steps involved in the adjustment of status process:
- Eligibility: Determine if you can apply for a green card under a specific immigrant category (see below).
- Immigrant petition: Usually, someone must file an immigrant petition on your behalf, although some categories allow you to file for yourself.
- Form I-485: File Form I-485, Application to Register Permanent Residence (green card) or adjustment of status.
- Biometrics appointment: Attend a biometrics appointment for fingerprinting and background checks.
- Interview: Attend an interview with a USCIS officer (if required).
- Decision: USCIS will decide on your application based on the information provided and the results of your interview and background checks.
Adjustment of Status Eligibility
Applicants must meet eligibility criteria within categories defined by USCIS. You may pursue a green card through various pathways, including:
Most applicants, except immediate relatives in family-based cases, must wait for visa availability.
Working and Traveling While Your Application Is Pending
When you file Form I-485 to apply for lawful permanent residence in the US, you can also file two additional applications at the same time:
- Form I-765, Application for Employment Authorization: This application is for an Employment Authorization Document (EAD), which lets you work legally in the US while your case is pending.
- Form I-131, Application for Travel Documents: If approved, this application allows you to travel internationally and return without abandoning your green card application.
For most applicants, filing these applications concurrently with an I-485 is a smart move since the wait for a decision can stretch well over a year. If you work without authorization in the US, it could put your status at risk. Similarly, if you travel outside the US without an approved I-131, USCIS may treat your I-485 as abandoned, which could set your case back significantly. An immigration lawyer can help you time these filings correctly and avoid potentially costly mistakes.
What to Expect at Your Adjustment of Status Interview
Not every adjustment of status applicant has to attend an interview, but many do. When you know what to expect during the interview process, it can make a real difference in how your case unfolds.
USCIS typically conducts interviews for family-based and certain other petitions at a local field office, such as the Chicago field office for applicants in this area. During the interview, an officer will review your application and verify your documents. They will also ask questions about your background, your relationship (in family-based cases), and your eligibility.
The process can feel intimidating, especially if English is not your first language or if anything in your application history is complicated. Preparation is key. Your attorney can walk you through the types of questions you might face and help you gather the right supporting documents. In many cases, they can even attend the interview with you to protect your rights and make sure the process goes smoothly.
What Happens After a Green Card Approval
An approval for an adjustment of status application is a major milestone, but it is worth thinking about what could come next before you apply.
In some cases, particularly if a green card is based on a marriage that is less than two years old at the time of approval, USCIS will issue a conditional green card. This type of green card is valid for two years, rather than the standard ten-year card. Before a conditional card expires, you must file a petition to remove the conditions, or risk losing your permanent resident status.
Additionally, your responsibilities as a permanent resident do not end after approval. You must follow certain rules to keep your status intact, including limitations on how long you can remain outside the US.
Many people also begin thinking about the path to US citizenship after receiving a green card, and the naturalization process involves its own requirements and potential complications. A Chicago immigration law firm can help you protect the status you have worked so hard to obtain as your situation evolves.
Your Immigration Journey Matters to Us
Changing your immigration status can be confusing. It’s easy to make mistakes on the paperwork, which can cause delays and problems. That’s why many people work with an experienced immigration lawyer in Chicago.
At Borjas Law Group, LLC., we truly care about your case. We’ll listen to your story, answer your questions and work hard to help you reach your immigration goals. Call our office at 312-788-2783 or email us to get started.
While in-person consultations are free of charge, there’s a small fee for phone consultations. Our lawyers speak Spanish and Tagalog. We have also had great success using professional translators in most languages to assist clients worldwide.
