Chicago Immigration Lawyers Handling Adjustment of Status
If you intend to live and work in the United States on a long-term basis, you will need to consider the best way for you to pursue permanent residence. There are several different ways to obtain a green card. It is important to find the route that will allow your residency application to be processed as quickly and efficiently as possible. Our team at Ahlgren Law is ready to listen to your needs and help you determine the path that works for you. Reach out today to schedule a consultation.
What Is Adjustment of Status?
Adjustment of Status is a legal process by which an applicant applies for lawful permanent residence (a “green card”) inside the United States. The benefit of an Adjustment of Status is that, unlike a Consular Processing application, you do not have to return to your country of citizenship to obtain your residency. This process of being able to complete your entire residency process here in the United States can save a lot of time, expense, and stress.
Adjustment of Status also allows you to apply for a work permit to continue working in the United States and remain with your friends and family members while your application is pending. In certain cases, you may be able to request advance permission to leave the country for a brief period while you are waiting for your application to be adjudicated.
Who We Serve
The basic requirements for Adjustment of Status are that you are eligible for this benefit under certain sections of the Immigration and Nationality Act (under sections 245(i) or 245(a), for example) and that you have not become inadmissible for entry into the United States (for example, by committing a crime or misrepresentation). In certain situations, however, you may be eligible for an I-601 inadmissibility waiver. People reach out to us at very different points in the green card process. You may be one of the following:
- Someone already living in the United States who wants to apply for permanent residence without leaving for consular processing abroad, but who is not sure whether adjustment of status fits their situation.
- An applicant who needs help preparing the green card application, gathering supporting documents, and completing the required medical exam, while avoiding the kinds of mistakes that delay a case.
- A person unsure whether the process should happen inside the U.S. or at an embassy or consulate overseas. The right path can depend on your location, your eligibility, your immigration history, and timing.
- Someone with an adjustment case already pending who is worried about processing time, case status, missing notices, delays, or what USCIS may ask for next.
- An applicant whose case drew a request for more documents, questions about one part of the file, or a denial, and who needs to understand what went wrong and which options may still be available.
There are many exceptions and caveats to the adjustment of status rules, so it is important to consult with a skilled immigration attorney to see if adjusting your status to that of a lawful permanent resident without having to leave the United States is available in your unique set of circumstances.
Steps in an Adjustment of Status Case
An adjustment case unfolds over several months, and each stage has its own forms and deadlines. Knowing what comes next helps you gather documents early and plan around the wait. Every case follows its own timeline, but most family-based adjustment cases move through these stages:
- Establish the underlying petition. Most applicants need a relative to file Form I-130, Petition for Alien Relative. Immediate relatives can often file the petition and the green card application together, which is called concurrent filing.
- File Form I-485. This is the green card application itself. It should be filed with identity and civil documents, proof of how you entered the United States, the sponsor’s Affidavit of Support (Form I-864), and a medical exam form (Form I-693) completed by a USCIS-approved doctor known as a civil surgeon.
- Attend biometrics. USCIS schedules a short visit to an Application Support Center to collect your fingerprints and photo.
- Prepare for the interview. Many family cases include an interview at a USCIS field office, often with the petitioning relative present. You will need the original versions of the documents you filed.
- Answer any follow-up requests. If the officer wants more evidence, USCIS may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) with a firm deadline.
- Receive a decision. An approval leads to your permanent resident card. A denial notice states the reasons; depending on the case, options may include a motion to reopen or reconsider, or presenting the application again in court if removal proceedings are initiated.
Small gaps at any stage, such as a missing civil document or an incomplete medical exam form, can add months to a case, lead to a request for more evidence, or even result in a denial. Our attorneys review your file before each step, so your application reaches USCIS complete. We also prepare you for the interview and stay involved through any follow-up requests until you receive a final decision.
Why Choose Us?
The attorney you choose for a green card case can shape your family’s future in the United States. At Ahlgren Law, we pair a long history in immigration law with practical policies that make the process easier to manage. Here is what clients can expect when they bring an adjustment case to Ahlgren Law:
- A long record in immigration law. Our firm has practiced in Chicago since 1973, and that history gives our attorneys a long view of how USCIS reviews family cases.
- Problems handled under one roof. When an adjustment case turns up a waiver issue or a removal concern, the same firm can take it on without sending you elsewhere.
- Flat fees you know upfront. We bill our services on a flat fee basis, so you know the full cost of your case from the start and can plan payments over the life of the case.
- Second opinions. If another lawyer told you there was nothing to be done, we are glad to take a fresh look at your situation.
- Consultations that fit your schedule. Along with in-office meetings, we offer consultations by phone and by Zoom, plus Saturday morning appointments for new clients.
Behind each of these commitments is the goal that has guided our firm: keeping families together in the United States. When you work with us, you get attorneys who understand how adjustment cases unfold and who will tell you honestly where your case stands at every stage.
Talk With Ahlgren Law About Your Green Card
You have important legal rights that protect your ability to live and work in the United States. At Ahlgren Law, we fight hard every day to protect these rights and keep families together. For over 40 years, members of the immigrant community from all over the country have trusted our legal team to defend their right to live and work in the United States and obtain a permanent immigration status that allows them to remain with their families. Contact us to schedule a consultation with one of our many experienced and dedicated immigration attorneys.
FAQs About Adjustment of Status
How Long Does Adjustment of Status Take?
There is no single timeline. Processing speed depends on your family category, whether a visa number is available, and the workload at the USCIS field office handling your file. Some cases finish within a year, while others take considerably longer.
Can I Adjust Status If I Overstayed My Visa?
Possibly. Immediate relatives of U.S. citizens who were inspected and admitted can often adjust even after their authorized stay ran out. For most other family categories, an overstay or unauthorized work usually blocks adjustment inside the United States, so an attorney should review your dates before you file.
Will My Marriage-Based Green Card Be Permanent Right Away?
Not always. If you had been married for less than two years when your case was approved, USCIS issues a conditional green card valid for two years. You and your spouse must file Form I-751 during the 90 days before that card expires to remove the conditions.
What Should I Do If I Move While My Case Is Pending?
Report your new address to USCIS within 10 days using Form AR-11, and update the address on your pending case. A missed interview notice or evidence request can lead to a denial, so keeping your address current protects your application.
Can I Apply for Adjustment If I Am in Removal Proceedings?
In many cases, yes, but the application usually goes before the immigration judge instead of USCIS. The rules for timing and evidence are different in court, and the stakes are higher, so legal representation is strongly recommended.
Can My Children Be Included in My Application?
It depends on your category. In family preference cases, an unmarried child under 21 may qualify as a derivative and apply alongside you. Children of U.S. citizens who apply as immediate relatives each need their own petition filed for them.
