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Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States.

This means that you may get a Green Card without having to return to your home country to complete visa processing.

U.S. immigration laws provide a variety of ways for people to apply for a Green Card. The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying under. The first step in the adjustment of status process is to determine if you fit into a specific immigrant category.

Most people who apply for a Green Card will need to complete at least two forms—an immigrant petition and a Green Card application. Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases. Also, In general, you may not file your Form I-485 until a visa is available in your category.

Adjustment of Status

At Ozek Law Firm, we understand that adjusting your immigration status to become a lawful permanent resident (green card holder) is a significant milestone in your journey to securing your future in the United States. Whether you are seeking to adjust your status through employment, family relationships, or another eligible category, our experienced immigration attorneys are here to guide you through every step of the adjustment process with expertise and care.


What is Adjustment of Status?

Adjustment of Status (AOS) is the process through which an individual already present in the United States applies for permanent residency (a green card) without having to return to their home country for processing. This process is available to those who meet the eligibility requirements and wish to transition from a temporary status (such as a visa holder) to a permanent one.


Eligibility for Adjustment of Status

To apply for adjustment of status, you must meet several key eligibility requirements, including:

  • Lawful Entry: You must have entered the U.S. lawfully (i.e., with inspection by immigration authorities) or have been in the U.S. under a valid visa or status.
  • Immigrant Visa Availability: There must be a visa number available in the category under which you are applying (such as family-based, employment-based, or another eligible category).
  • No Immigration Violations: You must not have violated the terms of your stay, such as overstaying a visa or working without authorization (unless you qualify for a waiver).
  • Eligibility for the Specific Green Card Category: You must qualify for permanent residency through a specific immigration category, such as family sponsorship, employment-based immigration, or a refugee/asylee status.

The Adjustment of Status Process

The AOS process involves several steps, and our attorneys will guide you through each one to ensure a smooth experience:

Step 1: Filing Form I-485

The process begins with filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form is submitted to the U.S. Citizenship and Immigration Services (USCIS) along with supporting documentation and fees. Depending on your category, additional forms may be required.

Step 2: Biometrics Appointment

Once your I-485 application is submitted, you may be scheduled for a biometrics appointment, where your fingerprints, photograph, and signature will be taken for background checks. This is a routine part of the application process.

Step 3: Interview with USCIS

In most cases, USCIS will schedule an in-person interview to review your application. Our attorneys will help you prepare for this interview, ensuring that you are fully prepared to answer any questions and provide additional documentation if needed.

Step 4: Adjustment of Status Decision

After the interview, USCIS will make a decision on your adjustment of status application. If approved, you will receive your green card, granting you lawful permanent resident status in the United States. If your application is denied, we will work with you to explore options for appeal or further action.


Common Challenges in Adjustment of Status

While the AOS process is straightforward for some, there are challenges that can arise, including:

  • Issues with Eligibility: If you entered the U.S. unlawfully or have violated your visa terms, it could impact your ability to adjust status, though waivers may be available in some cases.
  • Documentary Gaps: Missing or incomplete documentation can lead to delays or denials, so it’s important to ensure all required documents are submitted with your application.
  • Long Wait Times: Some categories of adjustment of status applications face long processing times due to visa backlogs or other delays in USCIS procedures.

Why Choose Ozek Law Firm for Your Adjustment of Status Case?

At Ozek Law Firm, we bring deep expertise and experience to help clients successfully adjust their status and obtain permanent residency. We are committed to providing personalized, client-focused legal services tailored to your specific immigration needs.

  • Comprehensive Legal Support: Our attorneys will guide you through each step of the Adjustment of Status process, offering advice on eligibility, required documentation, and potential hurdles.
  • Efficient Handling of Applications: We work diligently to ensure that your application is complete and accurate, minimizing delays and increasing the chances of approval.
  • Strategic Problem Solving: If you face any complications in the process, such as eligibility issues or delays, we will work with you to find solutions and keep your case on track.

If you are looking to adjust your status and become a permanent resident of the United States, Ozek Law Firm is here to help. Contact us today to schedule a consultation, and let us assist you in navigating the adjustment of status process with confidence and clarity.

Expert Attorneys

Tolga Ozek

Attorney-at-Law