The numerous laws governing immigration and eligibility requirements can make securing an adjustment of status a confusing and difficult process. If you are seeking a green card in California, you may feel overwhelmed about what you need to do and how to meet the qualifications. The U.S. Citizenship and Immigration Services (USCIS) details everything you need to know when it comes to getting your green card.
Understanding Adjustment of Status
Adjustment of Status (commonly known as Form I-485) is the legal process that allows an eligible individual already residing in the United States to become a lawful permanent resident without having to leave the country. This process is different from consular processing, which requires applicants to complete their application at a U.S. embassy or consulate abroad.
For many people, adjustment of status is the preferred route because it allows them to remain in the U.S. while their application is pending. However, both processes have unique requirements and risks, which means it is important to understand which one applies to your case.
Determining Eligibility for a Green Card
First, you need to determine if you are eligible. There are several categories into which you may fall. Some of the options include those who are applying for a green card because of their employment or their family that currently lives in the U.S. If you have been a victim of cruelty or battery, you may fall under the Victims of Abuse (VAWA) category. Those seeking refugee status or asylum can also apply for a green card under those categories.
Eligibility is not limited to these examples. Other common categories include:
- Family-based immigration: Spouses, parents, children, and siblings of U.S. citizens or permanent residents.
- Employment-based immigration: Workers with advanced degrees, professionals with extraordinary abilities, or investors who create U.S. jobs.
- Humanitarian programs: Refugees, asylees, U visa holders, T visa holders, and individuals with Temporary Protected Status (TPS).
- Other programs include the Diversity Visa Lottery winners and certain special immigrant categories.
Each category has its own rules and forms, which is why identifying the correct pathway is critical.
Petition and Application Process
Your immigrant category will determine your eligibility requirements, but you will typically need to complete an application and a petition, which your sponsor generally files. Suppose your petition has already been approved, and you are simply applying for an adjustment of status and an available immigrant visa. In that case, you will need to file an application requesting permanent residence.
If you do not have a visa available in your category, you will need to wait until one becomes available, as determined by the U.S. Department of State’s Visa Bulletin. Once your petition is approved and your priority date is current, you can proceed with the adjustment process. This usually involves filing Form I-485, attending a biometrics appointment at a USCIS Application Support Center, and completing a green card interview at your local USCIS field office.
Key Forms and Supporting Requirements
Adjusting status often requires multiple forms and supporting documentation. The most common include:
- Form I-130: Petition for Alien Relative.
- Form I-140: Immigrant Petition for Alien Worker.
- Form I-485: Application to Register Permanent Residence or Adjust Status.
- Form I-693: Medical examination and vaccination record.
- Form I-864: Affidavit of Support to prove financial ability.
- Form I-765 / I-131: Employment Authorization and Advance Parole, often filed to allow work and travel while waiting.
Filing requirements vary depending on your category, and in many cases, forms can be filed together to save time and effort.
Processing Times and Priority Dates
Adjustment of status does not have a fixed timeline. Processing can take anywhere from several months to several years, depending on the immigrant category, visa availability, and USCIS workload. The Department of State publishes a Visa Bulletin each month that shows which priority dates are current. If your priority date is not current, you may have to wait before filing your application.
Delays can occur if:
- USCIS requests additional evidence (RFE).
- There are questions about your eligibility.
- Security or background checks take longer.
Historical shifts, such as changes to the public charge rule, have also influenced processing speeds. Future policy changes, election outcomes, or adjustments to USCIS funding may impact the processing speed of applications.
Risks and Grounds of Inadmissibility
Not all applicants who file for adjustment of status are approved. USCIS reviews whether applicants are admissible under the Immigration and Nationality Act (INA). Some common grounds of inadmissibility include:
- Criminal convictions.
- Prior immigration violations or deportation orders.
- Fraud or misrepresentation in applications.
- Health-related concerns.
- Unlawful presence, which can trigger three-year or ten-year bars.
Applicants should also be aware of the public charge requirement, which evaluates whether they are likely to rely on government assistance. Failure to provide a complete affidavit of support or meet financial requirements can result in denial. If a case is denied, applicants may appeal or file a motion to reopen; however, these steps are complex and typically require the assistance of a lawyer.
California-Specific Considerations
For applicants in California, local USCIS field offices, including those in Los Angeles, San Francisco, and San Diego, are known for their heavy caseloads. This can mean longer wait times for interviews compared to smaller districts. For example, marriage-based green card interviews in Los Angeles often take months longer than similar cases processed in less populated jurisdictions. Knowing how local office backlogs impact your case can help you set more realistic expectations.
Travel and Employment While Pending
While your adjustment of status application is pending, certain restrictions apply. Traveling outside the United States without an Advance Parole (Form I-131) may cause your application to be considered abandoned. Similarly, working without authorization is strictly prohibited. To avoid issues, many applicants file:
- Form I-765 for employment authorization.
- Form I-131 for advance parole (travel permission).
These benefits enable applicants to maintain employment and retain travel flexibility while awaiting a decision on their green card.
Frequently Asked Questions
What is the difference between adjustment of status and consular processing?
Adjustment of status allows you to apply for permanent residence while staying in the U.S. Consular processing requires you to attend an interview abroad before entering as a permanent resident.
Can I apply for adjustment of status without a sponsor?
Most categories require a sponsor; however, certain cases, such as self-petitions under VAWA or specific employment categories, allow independent filings.
How much does adjustment of status cost?
Fees depend on the forms filed. Form I-485 filing fees are substantial, and applicants must also cover the costs of medical exams, biometrics fees, and affidavits of support.
How long does it take to get a green card through marriage?
Marriage-based cases in California typically take 12 to 24 months, depending on USCIS backlogs and whether RFEs are issued.
What happens if my case is denied?
If denied, you may be able to appeal or file a motion to reopen. Because this is a technical process, seeking help from an experienced immigration attorney is highly recommended.
Get Legal Help
If you plan to adjust your status or apply for a green card, it is essential to have clear guidance at every stage. The immigration attorneys at Hussain & Gutierrez provide tailored legal strategies to help you understand your eligibility, prepare accurate filings, and navigate interviews with confidence. For professional legal advice tailored to your specific situation, contact Hussain & Gutierrez today.
