Florida Adjustment of Status Lawyer

Adjustment of status is the process that lets certain people who are already in the United States apply for a green card without leaving the country. Instead of traveling abroad for an interview at a U.S. embassy or consulate, you file Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS) and complete the process here. The Law Offices of Albert Goodwin, PA, based in Coral Gables, helps people throughout Florida and across the country prepare and file adjustment of status applications. You can reach us at 786-522-1411 or [email protected].

What Adjustment of Status Is and Who Can Use It

Adjustment of status changes your immigration status from that of a temporary visitor, worker, or other category to that of a lawful permanent resident. The main advantage is that you remain in the United States while your case is pending, so you do not have to give up your job, your home, or your daily life to attend a consular interview overseas.

Not everyone in the United States can adjust status. In general, you must be physically present in the country, have an immigrant petition that has been approved or is being filed for you, and have an immigrant visa immediately available. You also need to be admissible to the United States or eligible for a waiver of any ground that would otherwise keep you out. People who entered without inspection, who have worked without authorization, or who have stayed beyond the time allowed on their visa often face additional hurdles, which we discuss below.

You Need an Immigrant Petition and an Available Visa

Adjustment of status is almost always the second step in a two-part process. The first step is an underlying immigrant petition that establishes the relationship or qualification that makes you eligible for a green card. Common petitions include:

• Form I-130, Petition for Alien Relative, filed by a U.S. citizen or permanent resident family member. Learn more on our family-based immigration and marriage green card pages.
• Form I-140, Immigrant Petition for Alien Worker, filed by an employer for an employment-based green card. See our employment-based immigration page.
• Other petitions, including certain humanitarian and special categories.

Having an approved petition is not always enough. For many categories there are annual numerical limits, which means a visa may not be available right away. The Department of State publishes a monthly Visa Bulletin that shows which priority dates are current. Immediate relatives of U.S. citizens, such as spouses, unmarried children under twenty-one, and parents, are not subject to these limits and usually have a visa available immediately. Other family and employment categories may have to wait, sometimes for years, before a visa number opens up and adjustment can be filed. Our green card lawyer page gives an overview of these paths.

The I-485 Package and Companion Applications

When you adjust status, you typically file more than one form together. A complete package often includes:

• Form I-485, the adjustment of status application itself, with supporting documents such as your birth certificate, passport, proof of lawful entry, and a medical examination report on Form I-693.
• Form I-765, Application for Employment Authorization, which requests a work permit so you can work legally while your green card is pending.
• Form I-131, Application for Travel Document, which requests advance parole so you may travel abroad and return without abandoning your application. Traveling without advance parole while an adjustment case is pending can cause the application to be considered abandoned, so this document matters a great deal.

In many family cases, the I-130 petition and the I-485 application can be filed at the same time, a practice known as concurrent filing, when a visa is immediately available. Filing the work and travel applications along with the I-485 usually comes at no extra government fee, which is why it makes sense to include them.

Biometrics and the Interview

After you file, USCIS schedules a biometrics appointment at a local application support center, where your fingerprints, photograph, and signature are taken for background and security checks. In Florida, these appointments are held at offices in cities such as Miami, Oakland Park, Tampa, Orlando, and Jacksonville.

Most family-based applicants are then scheduled for an interview at a USCIS field office. The officer reviews your application, confirms your eligibility, and asks questions to make sure the marriage or other relationship is genuine and that nothing makes you inadmissible. Some employment-based cases are decided without an interview. Being prepared and bringing the right documents to the interview can make a real difference, and we help our clients get ready for this step.

Adjustment of Status Compared With Consular Processing

If you cannot adjust status inside the United States, the alternative is consular processing, where you complete the green card process at a U.S. embassy or consulate in another country. The two paths lead to the same result, a green card, but they differ in important ways.

• Adjustment lets you stay in the United States, request a work permit and travel document while you wait, and interview at a local USCIS office.
• Consular processing requires you to attend an interview abroad and to be admitted at a port of entry afterward. It is often the only option for people outside the country and for some people who entered without inspection.

Choosing between the two depends on where you are, how you entered, your immigration history, and any grounds of inadmissibility that might apply. The wrong choice can lead to long separations or a denied application, so it is worth reviewing your situation carefully before deciding.

Eligibility Bars and the Limited 245(i) Exception

Several common situations can prevent a person from adjusting status. These include:

• Entering the country without inspection, meaning you were not admitted or paroled by an immigration officer.
• Certain overstays or failures to maintain lawful status, which can bar applicants outside the immediate relative category.
• Working in the United States without authorization, which can disqualify some applicants.

Immediate relatives of U.S. citizens are forgiven for some of these problems, such as an overstay or unauthorized work, but they generally still cannot adjust if they entered without inspection. There is a narrow exception known as Section 245(i). Under this provision, certain people who had a qualifying petition or labor certification filed on their behalf on or before April 30, 2001, may be able to adjust status despite an unlawful entry or other issues by paying an additional penalty fee. Section 245(i) is limited and fact-specific, and not everyone qualifies, so it is important to confirm whether it applies to you.

Inadmissibility and Waivers

Even when you are otherwise eligible to adjust, USCIS will check whether any ground of inadmissibility applies. Common grounds involve certain criminal convictions, prior immigration fraud or misrepresentation, unlawful presence, and certain health-related issues. Some of these grounds can be overcome with a waiver, such as the waiver available for certain unlawful presence or fraud issues, but waivers require a separate application and a showing of specific hardship or other factors. Criminal issues in particular should be reviewed carefully before filing, because an application can sometimes draw attention to a problem that places a person in removal proceedings. We look at these questions closely before any case is submitted.

Frequently Asked Questions

How long does adjustment of status take?

Processing times vary by category and by the field office handling your case. Many family-based cases take roughly a year or more from filing to decision, though times change and some cases move faster or slower. A work permit, if requested, often arrives well before the final decision so you can work while you wait.

Can I work while my green card application is pending?

Yes, if you file Form I-765 and it is approved, you receive an employment authorization document that lets you work legally while the I-485 is pending. Many applicants file the work permit application together with the I-485.

Can I travel outside the United States while my case is pending?

Only if you have an approved advance parole document from Form I-131, and even then there can be risks depending on your immigration history. Traveling without advance parole can cause your application to be treated as abandoned, so you should not leave the country without checking first.

What happens if my adjustment of status is denied?

A denial does not always end your options. Depending on the reason, you may be able to refile, pursue a waiver, or seek another form of relief. In some cases a denial can lead to removal proceedings, which is one reason to review eligibility carefully before filing. We can help you understand the specific reasons for a denial and the paths that may remain.

If you are in Florida and want to apply for a green card from inside the United States, the Law Offices of Albert Goodwin can review your eligibility, identify any bars or waivers that may apply, and prepare your I-485 package. Call us at 786-522-1411, email [email protected], or visit our contact page to schedule a consultation. We serve clients in Coral Gables, throughout Florida, and nationwide and abroad.