Adjustment of Status Attorneys

If you are already in the United States as a non-immigrant, such as someone who is visiting short-term, you might be able to apply to become an immigrant through an adjustment of status. Essentially, you will ask United States Citizenship and Immigration Services (USCIS) to allow you to stay in the country permanently, rather than temporarily. As with any immigration law process, though, you can expect some challenges and complicated rules that might get in the way of your immigration goal. 

Who Qualifies for Adjustment of Status?

When you apply to adjust your status, you will most likely apply for a Green Card, which will make you a legal permanent resident (LPR). The reasons why you want to adjust your status will affect your eligibility to make that adjustment, though. Our attorneys can review your immigration status and determine the best path forward.

You might be able to adjust your status for one or more reasons, including:

• Family-based immigration, such as family sponsorship
• Employment-based immigration, such as employer sponsorship
• Special immigrant status for various reasons
• Refugee or asylee status
• Human trafficking and other crimes victim status

We are here to help you collect and fill out the right USCIS forms based on the status adjustment you need to make. Rather than getting lost in the process of locating the right form, leave it up to our adjustment of status attorneys.

Benefits of Adjustment of Status

The main benefit of adjusting your immigration status through a new application is that you do not need to leave the United States and return to your home country for consular processing. Instead, you can handle the entire petition while remaining in the United States. This process will save you the trouble of leaving and then needing authorization to return, so it should be explored as a first option when available.  Moreover, applying for a visa at the US Consulate could result in an extensive delay in returning to the United States, which the adjustment of status process avoids.  

If your status adjustment application is approved and you receive a Green Card, then you will enjoy all the normal benefits given to legal permanent residents. Eligibility for citizenship, social security benefits, special government assistance, and other benefits are common appeals to gaining LPR status through an adjustment.

How Long Does Adjustment of Status Take?

USCIS is not known for handling applications and petitions quickly. It could take months for your adjustment of status application to be reviewed and approved. Brown Immigration Law works diligently to remove any obstacles and delays in the process, so the adjustment can be made as soon as possible. Our team can also help ensure you are able to stay in the United States while your status adjustment application is pending.

What Is the Process for Adjusting Your Immigration Status?

In most cases, you will need to have an Approved Immigrant Petition before you start the adjustment of status form. However, in some cases, you may be able to file concurrently. Once you have determined that you are eligible to apply for a Green Card, you will determine your petition type and find your priority date from your visa. This is the date that your family member or your employer filed your immigrant petition, or the day that the Department of Labor (DOL) accepted your certification for processing.

After you file, you will attend your biometrics appointment at an Application Support Center (ASC) to provide your fingerprints, photograph, and signature. This information will be used for a background and security check. You may also be asked to attend an interview with a USCIS official to answer questions under oath, or to submit additional documentation.

Realistically, we recommend working with an immigration attorney to handle an adjustment of status claim. There are many issues that can sideline your adjustment of status, including failing to file the right forms, missing appointments or using expired documentation, errors from your employer or relative, and more. Brown Immigration Law ensures that your adjustment of status will not be denied due to a clerical error or simple mistake that can cost you thousands of dollars as well as valuable opportunities.

How Brown Immigration Law Can Help

We would be happy to help you through the entire adjustment of status process. From start to finish, we will be by your side and leading the way. Brown Immigration Law attorneys know all the forms you need to fill out and how to file them, so you can be confident that your application will be submitted correctly the first time. If you attempt to file your application on your own, you could make a minor mistake that derails the entire procedure, costing you time and money through additional filings.

Brown Immigration Law can help with your adjustment of status process by:

• Researching what immigrant category would best match your reason for adjusting your status from non-immigrant to immigrant.
• Collecting the necessary forms to file an immigration petition and checking your visa availability.
• Filling out the forms correctly and filing them on your behalf.
• Responding to any inquiries from USCIS and making sure you are ready for any upcoming USCIS appointments and interviews.
• Helping you appeal in case your application was denied for any reason.

Frequently Asked Questions About Adjustments of Status

You do not have to handle the adjustment of status process alone with an immigration lawyer by your side. Brown Immigration Law has a combined century of experience helping immigrants to the US handle visa issues, file petitions, apply for Green Cards, and more. The following are some frequently asked questions our attorneys hear. For personalized guidance, contact Brown Immigration Law for a consultation.

Can I travel while my adjustment of status is pending?

While you can fly domestically, do not travel internationally while your adjustment of status application is pending. Leaving the country will cause USCIS to abandon your case if your petition for adjustment of status is still pending. Even having an advance parole document does not guarantee that you will be allowed reentry at the border, so traveling internationally should always be taken with caution – we recommend contacting one of our attorneys before making any formal plans for international travel.

If you must fly for certain emergency situations, contact an immigration attorney first. You will need to file additional documentation in order to travel with a pending adjustment of status application without automatically voiding your claim. There are limited exceptions that can be made through USCIS, but not all scenarios are considered eligible. You may realistically need to stay in the country in order to have the best outcome for your immigration status.

Can I apply for adjustment of status on tourist visa?

First, it is important to understand that “adjustment of status” and “change of status” are two different things in US immigration policy. Adjustment of status is a much lengthier and more complex process than simply filing a “Change of Status” request as a tourist, B-1 visitor or H-1B worker. Adjustment of status is the formal process by which someone who is in the United States as a non-immigrant embarks on the process of becoming a lawful permanent resident and gets their Green Card.

In general, as a tourist you can file to change your status in the US as long as:

• You were lawfully admitted to the United States
• Your visa has not yet expired
• You have not violated any conditions of your status
• You have not committed any crimes that make you ineligible.

Before you begin the process of considering whether you want to apply for adjustment of status or even simply change your non-immigrant status, consider whether doing so is necessary. For instance, if you were admitted on a B-1 visa and wish to extend your trip for pleasure or to visit family before your authorization expires, you can file for an extension. However, if you arrived as a tourist but are planning on becoming a student, you will need to submit an application to change your status.

Can adjustment of status be denied?

Unfortunately, adjustment of status forms can be denied all the time due to a variety of reasons. Having missing information on your form, filing inaccurate information or expired documentation can commonly lead to a USCIS officer deciding to deny an adjustment of status. As of January 22, 2025, USCIS has been instructed to no longer issue denials based on failure to document having received the COVID-19 vaccine. However, there are still many discretionary elements to why USCIS might deny an adjustment of status application. Some might include missing appointments with USCIS for biometrics or interviews, taking trips outside of the United States, inadequate information from your financial sponsor, or more.

If you are denied, you will receive a written decision notice that explains why. There is no direct appeals board, but we may be able to reopen your case. In this case, you may be able to refile your application with the help of an immigration lawyer. You must file within 30 days of the initial denial, and our best advice is to speak with an immigration attorney if you need to fight a denied adjustment of status applications. Even small errors can lead to a second and final denial.

​Can you expedite adjustment of status?

USCIS adjustment of status can be expedited on a case-by-case basis. You might be able to ask for swifter processing in cases involving adoption, asylum or refugee status, humanitarian parole, and other reasons. Not every case receives an expedited response, but some of the reasons why USCIS might agree to speed up your claim include:

• Severe financial loss
• Emergencies, humanitarian crises and natural disasters
• Non-profit organization sponsorship that identifies your claim as being in the cultural or social interests of the United States
• Government interests, such as those including public safety, national security, or the public good
• Clear USCIS errors.

How much is the adjustment of status fee?

The adjustment of status fee for the paperwork is set by the federal government; it is currently $1,440. You might have different costs if you need to file supplemental forms as well, if you qualify for a waiver or are filing with children. USCIS offers a Fee Calculator online to reduce the amount of denials resulting from incorrect payments. You might also have additional expenses associated with filing your adjustment of status fee depending on how much information you need to assemble, as well as if you work with an immigration law firm. Every case is different, and at Brown Immigration Law we can work with you to explore options for the financial cost associated with adjustment of status claims.

What is the 90 day rule for adjustment of status?

The 90 day rule is a major risk for Green Card applicants to the United States. The 90 day rule is a method by which USCIS assesses the legitimacy of a temporary visa. If you get married to a US citizen or apply too soon for a Green Card after entering the US on a temporary visa, you may find your application denied under the 90 day rule, although instances of this occurring are quite rare. However, if you enter on a tourism visa and marry a US citizen too quickly after arrival, USCIS may assume that you misrepresented your initial intent and may deny your adjustment of status application.

To calculate 90 days, start with the most recent U.S. entry date on your Form I-94. Add 90 days and start over if you have since left the United States and then returned. USCIS resets the 90 day period from the most recent date of entry, not the initial one, in cases involving international travel.

Can I stay in the US while my adjustment of status is pending?

Yes, you can legally stay in the US as long as your adjustment of status is pending and if you have not committed any crimes. This is the main benefit of many foreign nationals while filing for adjustment of status. In fact, traveling outside of the United States will in general automatically invalidate your adjustment of status application.

Do You Have an Adjustment of Status Lawyer Near Me?

Brown Immigration Law has offices in Cleveland and Columbus, OH; Durham, NC; and Tampa and Orlando, FL. We offer comprehensive immigration status help to clients nationwide.

Get Help with Your Adjustment of Status from Our Immigration Attorneys

Brown Immigration Law is fully dedicated to immigration cases of all types, including adjustment of status applications. You can trust our team to know the right approach to your situation and to keep your case moving when USCIS complications would otherwise slow things down. Contact our firm or call (888)-861-4414 now to get answers to all of your immigration law questions.