The adjustment of status process is the final step for aliens living in the United States and seeking to obtain a green card and permanent residency. After the I-130 visa petition or I-140 employment-based visa petition is filed and approved, the adjustment applicant can file the I-485 is filed with US Citizenship and Immigration Services.

The I-485 adjustment of status application for green card is filed only if a visa is immediately available. To find out if a visa is immediately available, the applicant should consult the current visa bulletin. If a visa is immediately available at the time of filing the I-130 or I-140, the applicant can file the I-485 at the same time. This process is called one step processing.

For individuals who have conditional permanent residence based on a marriage less than two years old at the time of adjustment, they must file an I-751 application to remove the conditions on permanent residence. The I-751 is filed two years after the conditional resident acquired permanent residency.

Generally, individuals who entered the United States without being inspected and admitted are ineligible
for adjustment of status. A rare exception is provided in INA 245(i), which allows individuals who entered the US illegally to acquire a green card if an I-130 or I-140 was filed on their behalf before April 30, 2001.

How The Nuñez Firm can help you: We are well versed in all types of adjustment of status cases. We analyze each case to determine if our client is eligible for adjustment of status before filing any paperwork with the government. It is better to ascertain the chances of being granted before filing in order to avoid a denial and subsequent deportation proceedings. The Nuñez Firm understands that our clients want a green card. We also understand that most of our clients do not want to risk deportation if their chances of obtaining a green card are minimal. For this reason, we offer free consultations to help you understand the options available to you.

< Back