Step-by-Step Guide: Adjustment of Status Within the U.S.

What is the Adjustment of Status?

Adjustment of Status is the process that allows certain immigrants to apply for permanent residency (Green Card) without having to leave the United States. Listed here are the fundamental steps: 

Step 1: Approval of Form I-140

Once Form I-140 is filed and approved, you should check the “Priority Date.”

Step 2: Verify Visa Availability

At Benme Legal, we will continuously consult the Department of State’s Visa Bulletin to ensure that a visa is available for your immigrant category and country of origin. The bulletin is updated monthly and shows the current priority dates for each category.

Step 3: File Form I-485, Application to Register Permanent Residence or Adjust Status

If a visa is available for your category and country, you can file Form I-485. This form is used to apply for permanent residency in the United States. We assist you in the process, but you need to prepare the following documents:

  • COMPLETED FORM I-485.
  • COPY OF THE APPROVAL OF FORM I-140.
  • PROOF OF YOUR CURRENT LEGAL STATUS (SUCH AS A COPY OF YOUR CURRENT WORK VISA).
  • PROOF OF YOUR IDENTITY (SUCH AS A COPY OF YOUR PASSPORT).
  • PASSPORT-SIZED PHOTOS.
  • MEDICAL EXAM AND FORM I-693, MEDICAL EXAMINATION REPORT AND VACCINATION RECORD.
  • FILING FEE (TO BE INDICATED BY THE ASSISTANT).

 

Step 4: Attend the Biometrics Appointment

After filing Form I-485, you will receive an appointment for biometrics (fingerprints, photo, and signature). It is important to attend this appointment.

Step 5: Attend the Interview (if required)

In some cases, USCIS may require an interview to review your application. You will be notified of the date, time, and location of the interview. It is crucial to bring all original documents and copies of those submitted with your I-485.

Step 6: Wait for USCIS Decision

After attending the interview (if applicable), you will need to wait for USCIS’s decision on your adjustment of status application. If approved, you will receive your permanent residency card (Green Card) by mail.

Step 7: Receive the Green Card

Once your application is approved, you will receive your Green Card, which allows you to live and work permanently in the United States.