An adjustment of status can occur for a number of reasons. First, you need to go through a process that involves applying to the USCIS. You must meet strict requirements to apply for a U.S. immigration adjustment of status. Given the stakes involved, you should seek help with the process from an experienced adjustment of status lawyer.
The Hayoon Kane Law Firm, PLLC assists clients in the Las Vegas area with a wide range of immigration matters, including adjustment of status. Contact our team today to learn more about our adjustment of status attorney and how we can help in your circumstances. We can begin assisting you at any stage of the immigration process, so never hesitate to call.
What Is an Adjustment of Status?
You may be present in the United States, either under a visa or for other reasons. Ordinarily, you may need to return to your own home country for consular processing if you choose to seek a green card. If you are already in the United States with nonimmigrant status, you may be able to apply for lawful permanent residency. If you do not qualify for an adjustment of status, you must return home to go through the green card application process and go through the local embassy or consulate.
What Are the Requirements for an Adjustment of Status?
You must meet all the requirements to qualify for an adjustment of status. These requirements include:
- You are physically present in the United States at the time of your application
- You were inspected and admitted into the United States (meaning that you came to the country legally)
- You are eligible to receive an immigrant visa
- You are not otherwise inadmissible to the United States (which means there are reasons why you do not qualify for a green card, such as a criminal record)
What Is the Process for Seeking an Adjustment of Status?
The paperwork you need to file depends on why you are seeking an adjustment of status. If your request is due to a family relationship (such as parents or marriage), you first need to establish that relationship with the USCIS. To do so, the U.S. family member must file Form I-130 with USCIS. Once that occurs and the form is approved, you could then proceed with the remainder of the paperwork.
The I-485 form is the main application for the adjustment of status. This form is lengthy, and the most recent version contains 86 questions you must answer completely and truthfully. In addition to the I-485, you also need to submit an affidavit that attests to the fact that you have a means of financial support and will not become a public charge (although this requirement may not apply in certain instances, such as when you are a refugee). You also need to file Form I-693, which is a report of your medical history and vaccination records.
Note that you cannot apply for adjustment of status within 90 days after entering the United States. If you try to do so, USCIS might presume that you misrepresented your status when entering the country, and they can deny your application.
Factors That May Complicate an Adjustment of Status?
Although more applications for adjustment of status are granted than are not, some factors still could potentially lead to a denial from USCIS. The agency has recently taken a much more stringent view of requirements, and the overall rate of green card approval is reaching record lows.
Reasons that might cause USCIS to deny an application for adjustment of status include:
- You are unable to establish that legally entered the United States
- There are national security concerns surrounding your application
- You have certain types of criminal convictions on your record
- There is a final order of removal to send you out of the United States
- There are mistakes in your paperwork, or you are missing certain required information
- You have violated the terms of your nonimmigrant visa, such as by working without permission or overstaying in the United States
- There are insufficient financial resources to support you while you are in the United States
From your standpoint, you should do everything in your power to make it as easy as possible for USCIS to review and approve your application. Hiring an AOS lawyer is one way to give you the best possible odds of success in the adjustment of status process.
If your application for adjustment of status is denied, you have due process rights. You can file a request for reconsideration with the USCIS. You also have the ability to file an appeal with the Administrative Appeals Office or the Board of Immigration Appeals. If there is new evidence that bears upon your application that USCIS can consider, you can also file a motion to reopen your case.
What Is the Adjustment of Status Processing Time?
The exact amount of time it takes to process an adjustment of status application depends on the facts and circumstances of the situation and the type of visa you currently possess. If
If your adjustment of status application is based on a family-based relationship, the process typically takes around one year, though this may vary slightly. It may take longer to have your application processed if you are here under a different visa program or if other circumstances apply to your case. You are entitled to remain in the United States while your application is pending, which is one of the major benefits of seeking an adjustment of status.
Although you may be dealing with a busy USCIS caseload, you still have some measure of control over the timing of the process. What you can do is submit a comprehensive and well-supported application without any mistakes that could delay the process. You can do that with the help of an adjustment of status lawyer.
Why You Need an Adjustment of Status Lawyer?
When you are dealing with the USCIS in any capacity, your ability to remain in the United States could be in question. You are filing an application with an agency that is notoriously overloaded, and it has recently begun applying even more stringent standards to applications that were never routine in the first place. It is essential to put your best foot forward when applying for an adjustment of status.
When you hire an AOS lawyer for your AOS immigration matter, they can do the following:
- Advise you of the requirements for the process and whether you may qualify for an adjustment of status
- Assist you in gathering the documentation that you need to include with your application
- Assist you in completing the paperwork to ensure that it is error-free and answers all of the necessary questions
- Communicate on your behalf with USCIS if there are any questions or issues with your application
- Represent you in an appeal if your initial application is denied
The immigration process can be stressful, and you may feel like it is entirely out of your control. The best way to get some measure of peace of mind is to hire an AOS lawyer to help with your application. We have extensive experience in the adjustment of status process that we can bring to benefit your situation.
Contact a Las Vegas Adjustment of Status Lawyer Today
For legal help with your U.S. immigration adjustment of status, contact an experienced immigration lawyer at Hayoon Kane Law Firm, PLLC. Our lead attorney is the recipient of the 2025 Elite Lawyer Award. With an office in Las Vegas, we are a national immigration firm assisting clients in all 50 states.
You can schedule a free green card strategy session with an attorney by visiting our website or by calling us today at (702) 463-7630. We endeavor to provide the legal services you need in a friendly and compassionate manner, knowing that the immigration process may be stressful for you.
