Adjustment of Status After Entry: How to Change Your Immigration Status Without Leaving the U.S.

Legal Assistance for Adjustment of Status in the U.S.

You may wonder, “Can I get a green card without leaving the country?” This important legal process is called an “adjustment of status” and is an option for many immigrants. The process allows you to apply for lawful permanent residency (a green card) without the need to return to your home country for consular processing. This process can be critical for individuals who have close family ties in the U.S.

Who Can Apply for Adjustment of Status?

Not everyone qualifies for adjustment of status. To be eligible, you must have entered the U.S. legally, with a visa, or have been admitted to the country lawfully. The most common paths for an adjustment of status include the following:

Being married to a U.S. citizen: Immediate relatives of U.S. citizens, including spouses, can often adjust their status, sometimes even when they have overstayed a visa. The process is faster and more forgiving for this category.
Being the child or parent of a U.S. citizen: Minor children (under 21) and parents of adult U.S. citizens are also considered immediate relatives and may qualify for adjustment, regardless of any minor immigration violations in the past.
Holding a valid humanitarian status: If you have been granted asylum or refugee status or qualify under the Violence Against Women Act (VAWA), you may be able to adjust your status after meeting particular residency and eligibility requirements.
Having an approved I-130 family petition: If your U.S. citizen or permanent resident relative filed an I-130 for you and your visa number is current, you may be eligible to adjust your status.
Being a beneficiary of employment-based sponsorship: If an employer filed a petition and your priority date is current, you can file for adjustment, especially if you’re maintaining lawful status or qualify under a legal exception.

Even if your visa expires, you might still qualify. It is always best to consult with our experienced U.S. immigration attorney to determine how to best move forward to achieve permanent residency status.

How Does the Adjustment of Status Process Work?

The first step to adjusting your status requires filing Form I-485 with U.S. Citizenship and Immigration Services (USCIS). It’s not just a form; it’s a full application package that includes the following:

Evidence of lawful entry: This might be your I-94 arrival record, a visa stamp, or proof that you were inspected, admitted, or paroled.
Identity documents: These include your passport, birth certificate, national ID, and any existing immigration documents or approval notices.
Medical exam results: A USCIS-approved civil surgeon must complete Form I-693 to confirm you are not inadmissible on public health grounds.
Affidavit of Support (Form I-864): Your petitioner must show that they can financially support you to prevent you from becoming a public charge.
Biometrics appointment: USCIS will require you to appear at a local Application Support Center to take your fingerprints, photo, and signature.
In-person interview: USCIS uses this to confirm the validity of your marriage (if applying through a spouse), verify your identity, and ask about your background.

At The Law Offices of Monique C. Reynolds, we will guide you at every phase of the process to help you avoid problems, a delay, or a denial.

Can I Work or Travel Outside Georgia While Waiting for a Green Card?

While your application for a green card is pending, you can apply for employment authorization (Form I-765) and advance parole (Form I-131). These allow you to legally work in the U.S. or request permission to travel abroad.

Work permit: You can work legally while waiting for your green card. The permit will require three to six months, sometimes longer, to be issued.
Advance parole: This document allows you to travel abroad and return legally while your adjustment of status is pending. Without advance parole, leaving the country may result in a denial of a green card application.

What If You Came Without Papers or Overstayed?

The situation is more complex if you come to the U.S. without papers or overstayed your visa. You may be barred from adjusting your immigration status if you entered the U.S. without inspection (EWI) or overstayed a visa for more than six months. There are exceptions to this rule:

VAWA self-petitioners can often adjust even with unlawful entry: If you were abused by a U.S. citizen or permanent resident spouse or parent, you may qualify for a VAWA green card even if you entered the U.S. without permission.
Certain waivers could be available: If you’re inadmissible due to unlawful presence or other grounds, you may be able to file Form I-601 or I-601A to request forgiveness based on the hardship leaving the U.S. would cause to a qualifying relative. Form I-601 is used to apply for a waiver of inadmissibility grounds, including unlawful presence, after leaving the U.S., and Form I-601A can allow specific immediate relatives of U.S. citizens or lawful permanent residents to seek a provisional waiver of unlawful presence while remaining in the U.S. before departing for consular processing.

If you are married to a U.S. citizen, have a visa, and have overstayed, it could be a less serious legal problem. Immediate relatives may be able to adjust their status as long as the initial entry into the country was lawful. Every situation is unique, but errors can lead to a long and complicated legal process. Ensuring you have legal support from our experienced Georgia immigration lawyer can make all the difference in the outcome of your case.

Special Paths: VAWA, U Visa, and TPS Holders in Georgia

For individuals who have experienced abuse or severe hardship, options like VAWA, U Visas, and Temporary Protected Status (TPS) can open the door to an adjustment of status.

VAWA: Protects those abused by a U.S. citizen or permanent resident spouse, parent, or adult child. You can self-petition for a green card without your abuser’s knowledge or cooperation.
U Visa: Designed for victims of certain crimes who help law enforcement. After holding a U Visa status for three years, you may be eligible to adjust to permanent residency.
TPS: If your home country was designated for Temporary Protected Status due to war, disaster, or political instability, you may qualify to stay and, in some cases, adjust your status. A 2021 Supreme Court decision clarified that TPS does not equate to a lawful admission for adjustment of status purposes if the individual initially entered the U.S. unlawfully. However, if a TPS holder traveled abroad with advance parole and was paroled back into the U.S., they could meet the lawful entry requirement.

Our supportive immigration attorney at The Law Offices of Monique C. Reynolds, LLC, is known for assisting Caribbean and African immigrants to pursue these relief options with compassion and personalized care. Our approach goes far beyond just preparing and filing paperwork. Ms. Reynolds is also an immigrant and will listen, empower, and provide supportive guidance.

Common Pitfalls to Avoid

Adjustment of status can involve roadblocks when there are any of the following issues:

Missing documents: Failing to submit a required form or evidence can delay the process or result in denial. Before applying for an adjustment of status, ensure our firm reviews your application to avoid long delays due to errors or missing or inadequate documentation.
Incomplete forms: USCIS will reject unsigned applications, those with missing pages, or applications with errors.
Past immigration violations: Unlawful presence, false citizenship claims, or past removal orders can trigger profound legal consequences, especially now. Some violations could be waived, but others will result in an automatic denial and trigger removal proceedings.
Public charge issues: If the government believes you are not financially secure and will seek benefits to survive, you may be denied. It is essential that applicants can prove they have financial support.
Criminal records: Even a minor criminal conviction could pose problems when applying for an adjustment of status. A blot on your criminal record must be addressed with the assistance of an immigration lawyer.
A typo or failing to sign a page can delay a green card. Working with an experienced immigration attorney ensures your case is as bulletproof as possible before being submitted to USCIS.

How Long Does It Take to Adjust Status?

The timeline to adjust your status in the U.S. depends on where you live, whether your paperwork and documentation are complete, and which USCIS service center will review your application. As an average, you can expect the following time frame:

Work permit: Recent time frames reveal the average to be six months or more from the date of filing.
Green card interview: 12 to 20 months, depending on your local field office’s number of applications.
Final decision: In most cases, you can expect a final decision a few weeks following your in-person interview unless USCIS requests additional evidence.

Applying based on marriage makes you eligible for a conditional green card. The conditional green card is valid for two years. At least 90 days before the green card expiration date, you must file Form I-751 to remove the conditions or lose your legal status as a green card holder.

The Law Offices of Monique C. Reynolds, LLC: Your Advocate in Immigration Issues

Attorney Reynolds doesn’t just understand immigration law; as an immigrant herself, she understands the stress and anxiety that can accompany seeking an adjustment of status. She has gone through the system and assisted her staff in gaining the legal right to live and work in the U.S. She is committed to serving the community with dignity and honesty, whether your country of origin is Jamaica, Nigeria, Haiti, or another land. We are here to help you live in freedom and build a new life in the United States.

Get Help Adjusting Your Status: Start Today

Ready to take the next step toward permanent residency? Schedule a consultation with immigration lawyer Monique C. Reynolds. You’ll walk away with answers, clarity, and hope.

Visit attorneyreynolds.com or call the office at 470-988-9454 to schedule a consultation and take control of your immigration status today.