How to file for an adjustment of status?

An adjustment of status is when you are changing from some sort of status or no status to obtain a permanent residence. An adjustment of status can only be filed when you are present in the United States.

STEP 1 – File a form I-485 (Adjustment of Status)

The form is available on this link. Note that depending on your case, the I-485 adjustment of status. Note that depending on your case, you might have to file supporting documents to prove your case such as birth certificate, marriage certificate, divorce decree (if applicable), and disposition of the court in case of criminal issues (note that in case of criminal issues, make sure you run the case by an attorney). There might be other documents required as applicable including but not limited to medical checks, etc. If you need help call us at (510) 742 5887.

STEP 2 – File all the required forms which accompany the I-485 concurrently

Note that it is often recommended to file the Form I-765 employment authorization (EAD) in addition to all the other required forms. You can also file for Form I-131 (advanced parole). It is important to make sure that you do not use the advanced parole if you have accumulated 180 days of unlawful presence. Please talk to an attorney before using the advanced parole. You can reach us at (510) 742 5887 for a consultation on the matter.

STEP 3 – Wait for a fingerprint notice.

A fingerprint notice is usually issued in all the adjustment of status cases. Therefore, make sure you do not miss this step. After the fingerprint notice, you might also receive a request for evidence. This is often the case if you have not provided enough information in your case.

STEP 4 – USCIS might call you for an interview.

Depending on the case, there might be an interview. There is no reason to panic. It is often a routine process. For example in marriage cases, the interview is mandatory. See this video for an example of a re-enactment of an immigration interview. In some cases, there might be no interview. In either case if you are successful and your priority dates are current, a permanent residence card will be issued to you.