Adjustment of Status

Temporary to Permanent: Secure Your Future in the U.S.

Adjustment of Status Attorney based in New York City and serving all 50 States.

What is Adjustment of Status?

Adjustment of status is an immigration process that allows eligible foreign nationals to apply for lawful permanent residence (a green card) while remaining in the country.

This option provides an alternative to leaving the country and completing consular processing abroad.

If approved by USCIS, the applicant becomes a lawful permanent resident and receives the rights and benefits associated with a green card status.

Adjustment of status can be a legally complex process, and approval is not instant or guaranteed. Many applicants in New York City encounter procedural hurdles, eligibility issues, or requests for evidence, and a denial may result in serious immigration consequences, including the risk of removal proceedings. Working with an experienced lawyer can significantly improve the likelihood of a successful outcome.

At Jessop Law Firm, LLC, led by Immigration Attorney Eliot Jessop, we will guide clients through every stage of the adjustment of status application process, from filing to final approval.

Do I qualify for an Adjustment of Status?

Eligibility depends on several legal requirements under the U.S immigration law. Not every individual who is physically present in the U.S can apply for an adjustment of status.

You may be able to seek an adjustment of status only if all of the following conditions apply to your situation:

  • You are physically present in the United States at the time of filing. If you are not in the U.S, a consular process in your home country may be ideal.
  • You entered the United States legally. You were inspected and admitted or paroled into the United States. If you entered illegally this will most certainly prevent you from seeking a green card unless a wavier is approved.

You are eligible under a specific immigration category:

  1. Human trafficking or crime victims
  2. Victims of Abuse
  3. Refugee or Asylum based
  4. Family
  5. Employment
  6. Registry
  7. Special immigrant
  8. Other
  9. You are not subject to mandatory bars to adjustment of status.
  10. You meet all USCIS filing and documentation requirements.

Adjustment of Status Process: What to Expect?

Every immigration case is unique. However, most adjustment of status applications follow a similar process. Understanding each step can help you prepare and avoid unnecessary delays. Our immigration attorneys are here to guide you from start to finish.

Step 1: Adjustment of Status Eligibility Review

Before filing, an experienced attorney will review your eligibility. Adjustment of status is discretionary and subject to strict legal requirements. Our firm helps determine whether applying for a green card from within the United States is the right option for you.

Step 2: Filing the Immigrant Petition

In most cases, an approved immigrant petition is required before filing Form I-485, the Application to Register Permanent Residence or Adjust Status. This petition is often filed by a sponsoring family member or employer, though some applicants may self-petition. Our immigration lawyers identify the correct petition and ensure it is properly prepared and submitted.

Step 3: Immigrant Visa Availability Check

An immigrant visa must be available in your eligibility category before Form I-485 can be filed. Visa availability is often limited and can change monthly. We monitor visa bulletin updates and advise clients on proper filing timing.

Step 4: Filing Form I-485 (Adjustment of Status Application)

Once eligibility and visa availability are confirmed, we prepare and file Form I-485, Application to Register Permanent Residence or Adjust Status, along with all required supporting documentation. Careful preparation helps reduce the risk of delays, requests for evidence, or denial.

Step 5: USCIS Biometrics Appointment

After filing, USCIS will schedule a biometrics appointment at a local Application Support

Center. Biometrics are required for identity verification and background checks. Attendance is mandatory, and missing this appointment can negatively affect your case.

Step 6: USCIS Adjustment of Status Interview

Some applicants are required to attend an adjustment of status interview with USCIS. Interviews allow immigration officers to verify information and ask follow-up questions. Our attorneys prepare clients thoroughly, so they know what to expect and how to respond.

Step 7: USCIS Decision on Adjustment of Status

Once USCIS completes its review, a written decision is issued. Approval results in lawful permanent resident (green card) status. If denied, the decision will explain the reasons and outline possible next steps, such as filing a motion to reopen or reconsider. While most denials are not appealable, legal options may still exist.

Why Hire an Adjustment of Status Lawyer?

Applying for adjustment of status can feel overwhelming. The process is detailed, highly regulated, and closely reviewed by the U.S. government. Even small mistakes can lead to delays, denials, or long-term immigration consequences. Working with an experienced adjustment of status lawyer can significantly improve your chances of success.

• Review Adjustment of Status Eligibility and Identify Risks

Eligibility for adjustment of status is not always straightforward. An immigration attorney can review your immigration history, visa status, and prior entries into the United States to identify potential issues before you file. For example, if you entered on a nonimmigrant visa and later took actions inconsistent with that visa, your application could be denied. Addressing these concerns early can help protect your case.

• Manage USCIS Requests and Supporting Documentation

The adjustment of status process requires extensive documentation and detailed information. USCIS may also issue requests for additional evidence. Gathering and organizing these materials can be time-consuming and confusing. An adjustment of status attorney ensures all required documents are properly prepared and submitted on time, helping avoid unnecessary delays.

• Ensure Accuracy and Completeness of Your Application

Errors, omissions, or inconsistencies on an adjustment of status application can result in rejection or denial—and in some cases, may affect future eligibility for a green card. Our legal team carefully reviews every filing to ensure accuracy, completeness, and compliance with USCIS requirements.

• Prepare for the USCIS Adjustment of Status Interview

Every applicant will be interviewed. Preparation is critical. Interviews address any questions or concerns about an application. An experienced immigration lawyer can help you understand what to expect, practice answering questions, and feel confident going into the interview.

• Work With a Trusted Adjustment of Status Attorney

We provide personalized guidance, proactive problem-solving, and dedicated legal support at every stage of the process.

What Information Is Required for the Adjustment of Status Process?

When applying for adjustment of status, Form I-485 (Application to Register Permanent Residence or Adjust Status) requires detailed personal, biographical, and background information. USCIS uses this information to evaluate eligibility, admissibility, and credibility. Accuracy and completeness are critical.

Information Commonly Requested on Form I-485

Your application will require disclosure of the following:

  • Personal Information
    Full legal name, date and country of birth, current mailing address, and recent immigration history.
  • Adjustment of Status Filing Category
    Family-based, employment-based, asylum-based, or another eligible category.
  • Employment History
    Names and addresses of current and prior employers.
  • Parental Information
    Names and current residence of parents, if living.
  • Family Information
    Details about your spouse and children, if applicable.
  • Biographic Details
    Ethnicity, race, height, weight, eye color, and hair color.
  • Criminal History
    Any arrests, charges, citations, or prosecutions—whether in the U.S. or abroad.
  • Financial Information
    Income, assets, and other financial details that may be relevant to eligibility.
  • Academic Credentials
    Degrees, licenses, certifications, and other educational or professional credentials.
  • Immigration History and Violations
    Prior visa overstays, unauthorized employment, or unlawful entries into the United States.

How Long Does the Adjustment of Status Process Take?

The adjustment of status timeline varies depending on the applicant’s eligibility category, case complexity, and current government processing times. In most cases, the process takes approximately 8 to 14 months from filing to decision.

While some waiting is unavoidable, careful preparation can help prevent unnecessary setbacks. One important advantage of working with an experienced adjustment of status attorney is ensuring that all forms and supporting documents are submitted correctly the first time. Errors, omissions, or incomplete filings often lead to delays, requests for additional evidence, or rescheduled interviews, which can extend processing times.

Why Are Adjustment of Status Applications Denied?

Adjustment of status applications may be denied for a variety of legal and procedural reasons. Understanding these issues in advance can help applicants avoid costly mistakes and improve their chances of approval.

Some applicants are legally barred from adjusting status under U.S. immigration law. For example, individuals in the United States on certain J-1 visas may be subject to a two-year foreign residence requirement and cannot apply for an adjustment of status.

USCIS may deny an adjustment of status application if the applicant cannot demonstrate that they are unlikely to become a public charge. Applicants must show sufficient financial support, either through their own income and assets or through a qualified sponsor, such as a family member, to meet this requirement.

Providing false, incomplete, or misleading information to USCIS can lead to denial and may result in serious long-term immigration consequences. Fraud or misrepresentation—whether intentional or accidental—can permanently affect eligibility for a green card. Accuracy and honesty are essential at every stage of the process.

Will I Have to Leave the United States If My Adjustment of Status Is Denied?

In some cases, a denial of an adjustment of status application can require the applicant to return to their home country. However, this is not automatic in every situation. Depending on the circumstances of the denial and your current immigration status, you may be able to challenge the decision.

How can Jessop Law Firm, LLC help?

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Many individuals encounter procedural hurdles, eligibility issues, or requests for evidence, and a denial may result in serious immigration consequences, including the risk of removal proceedings. Working with an experienced lawyer can significantly improve the likelihood of a successful outcome.

At Jessop Law Firm, LLC, led by Immigration Attorney Eliot Jessop,  an experienced adjustment of status attorney based in New York City, we will guide clients through every stage of the adjustment of status application process, from filing to final approval.