The Green Card application process is far from simple and quick, with many steps in the process. One essential step is the Adjustment of Status. This process allows eligible individuals already in the United States to apply for lawful permanent resident status without having to return to their home country for visa processing. This can be highly preferable to Consular Processing, which is the other option for obtaining a Green Card.
You want an experienced immigration attorney to ensure your Adjustment of Status application is handled accurately and efficiently.
Contact Getachew & Ansari Immigration Attorneys, P.C., today to receive the assistance you deserve. We approach each case with compassion and excellence, and we are ready to help you.
Introduction to Adjustment of Status
Adjustment of Status (AOS) in immigration court is the process through which an individual can apply for lawful permanent resident status, also known as a Green Card, while already in the United States. This process is available to certain eligible immigrants, including immediate relatives of U.S. citizens, family-sponsored immigrants, and employment-based immigrants.
Unlike Consular Processing, which requires the applicant to be outside the United States, AOS allows individuals to complete the entire Green Card application process within the country.
Who Is Eligible to Adjust Status Inside the U.S.?
To be eligible for Adjustment of Status, an individual must meet certain criteria set by U.S. immigration laws. Eligibility requirements may vary depending on the immigrant category, but common criteria include maintaining lawful status, being admissible to the U.S., and having an approved immigrant petition. If you are facing a final order of removal, adjustment of status might still be possible, but it’s important to consult with an experienced immigration lawyer to determine eligibility.
Key Differences Between AOS and Consular Processing
Understanding the differences between these two processes is important for a successful application.
First, AOS is a process that allows eligible individuals who are already in the United States to apply for lawful permanent resident status without having to leave the country. On the other hand, Consular Processing is the procedure through which individuals outside the U.S. apply for an immigrant visa at a U.S. consulate in their home country or a third country.
One key advantage of AOS is that it typically results in a faster overall process compared to Consular Processing. This is because applicants don’t have to wait for a visa number to become available, as is the case with Consular Processing. Additionally, with AOS, applicants can remain in the U.S. during the process, avoiding potential complications or delays that may arise from traveling back and forth, which can be especially common in current times.
Whether you utilize AOS or Consular Processing, having legal guidance can ensure that your application is filed correctly and that you have the best chance of securing your green card.
Forms Required: I-485 and Supporting Application
The primary form used in the Adjustment of Status process is Form I-485, Application to Register Permanent Residence or Adjust Status.
Along with Form I-485, applicants must submit various supporting documents, such as:
- Evidence of identity
- Current immigration status
- Eligibility for adjustment
Completing these forms accurately and providing the required documentation is necessary for a successful AOS application.
Medical Exam and Biometric Appointment Explained
As part of the Adjustment of Status process, applicants are generally required to undergo a medical examination conducted by a designated civil surgeon. The purpose of the medical exam is to assess the applicant’s health and ensure they do not have serious health issues that make them inadmissible to the U.S.. Additionally, applicants will be scheduled for a biometric appointment to provide fingerprints, a photograph, and a signature for background checks and identity verification.
Interview Process for Adjustment of Status Applicants
When applying for a green card through adjustment of status, the interview process plays a key role in determining the outcome of your application. During the interview, the USCIS officer will review your application, supporting documents, and ask questions to verify the information provided. Applicants should be prepared and have a clear understanding of their case to ensure a successful outcome.
Your attorney can assist with the interview process, preparing you for potential questions and ensuring you present your case effectively.
Their knowledge of immigration law can help address any concerns or discrepancies that may arise during the interview, increasing your chances of a favorable decision. Retaining an attorney before your interview can provide you with the confidence and peace of mind needed for this critical step in your green card application process.
How Long Does an Adjustment of Status Take in 2025?
The processing time for Adjustment of Status can vary depending on various factors, such as USCIS workload, the complexity of the case, and individual circumstances. In 2025, the average processing time for Form I-485 ranges from several months to over a year. Working with our knowledgeable immigration lawyer can help streamline the process and ensure the timely completion of your Adjustment of Status application.
What to Do If Your Adjustment of Status Is Denied
In the unfortunate event that your Adjustment of Status application is denied, you may have options to appeal the decision or file a motion to reopen or reconsider. It is important to seek the guidance of our experienced immigration attorney to evaluate the reasons for the denial, determine the best course of action, and address any deficiencies in your application. Understanding your rights and options in case of a denial is necessary to protect your immigration status.
Call Our San Jose Immigration Attorney Today
If you are in California pursuing the complex adjustment of status process for your Green Card application, it’s crucial to have a knowledgeable lawyer by your side. At Getachew & Ansari Immigration Attorneys, P.C., we continue the legacy of our founder, Yemi Getachew, by providing compassionate and excellent legal representation to every client. Our commitment to delivering results ensures that your case is in good hands.
Contact our experienced immigration team today for personalized assistance tailored to your specific needs in achieving your immigration goals.
