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Achieve Permanent Residence Through An Adjustment Of Status
If you are currently in the U.S. on a temporary Visa, we may be able to put you on a path to permanent residency and citizenship through naturalization. We can do this by guiding you through an Adjustment of Status proceeding. If you qualify for an Adjustment of Status, you will be able to apply without having to return to your home country for processing. You will also be allowed to apply for a work permit or employment authorization document (EAD) during processing. You may even be allowed to travel during processing.
Contact Lozano Law Firm in San Antonio to find out whether you may be eligible for an Adjustment of Status. An experienced immigration attorney can help you determine your eligibility. We can also walk you through every step required for filing a successful I-485 Application to Register Permanent Residence or Adjust Status.
What Is An Adjustment Of Status?
Adjustment of Status is a process through which you may go from one immigration status to becoming a lawful permanent resident or Green Card holder. An Adjustment of Status takes place without you having to leave the United States and return to your home country. For example, you may have a temporary Visa that you wish to adjust to a Green Card.
If you are outside of the United States or still live in your home country, you must go through Consular Process to become a lawful permanent resident in the United States. This can involve two or more status steps that require Visas and a Green Card. You should work with an attorney throughout the Adjustment of Status or Consular Process. Both of these processes can be complex and require knowledge of U.S. immigration laws.
Help For Newly Married Immigrants & Their Children
Individuals who entered the country on a K-1 nonimmigrant visa (also known as a fiancé(e) visa for marriage and who married their fiancé(e) within 90 days of entry may apply for a Adjustment Of Status. In Addition, any child who came here on a K-2 visa is also eligible for Adjustment of Status. Once your status is adjusted, you and your children will receive a Green Card. You will then be eligible for lawful permanent residence in the US.
Adjustment of Status is a complex process, and not everyone meets the requirements. For example, if you entered the country without proper entry authorization or became a public burden, you may be deemed ineligible. Other requirements are:
- Be in lawful immigration status.
- Have received approval of all previous applications.
- An immigrant visa number is automatically available based an approved immigrant application, or your application is filed in addition to an application that would result in an immigrant visa number being available if approved.
- You have no pending removal proceedings.
- You have no record of unauthorized employment or criminal activity.
- Must remain eligible for permanent residence during the application process.
Filing An Immigrant Petition & Other Documents For Adjustment Of Status
After you determine if you are eligible for an Adjustment of Status, you will need to complete necessary forms and submit them to the U.S. Citizenship and Immigration Services (USCIS). That will include an immigration petition and Green Card application. These forms will include an Application to Register Permanent Residence or Adjust Status, Form I-485. You may file the application separate or along with other forms. If you file everything together, it will be called “concurrent filing.” Although concurrent filing can be complex because you must submit many official forms at once, it can cut down on time in the long run.
You may have to wait to file your application and additional documentation until a Visa is available in your category. There are specific Visa availability and priority dates that you must wait for if you are seeking an Adjustment of Status. It’s best to work with a skilled immigration attorney. We can help make sure you are submitting everything at the proper time so that you can achieve an Adjustment of Status.
San Antonio Adjustment Of Status FAQs
Do I Need To Have Lawful Entry To Adjust Status?
Generally, yes. Lawful entry, meaning you were inspected and admitted or paroled into the U.S., is a key requirement. Some exceptions apply, such as VAWA applicants or those covered by INA § 245(i). We assess each client’s circumstances at our San Antonio office to explore all options.
What Is The “90-Day Rule” & How Can It Affect My Case?
The “90-day rule” refers to a USCIS guideline that scrutinizes changes in intent within 90 days of entering the U.S. on certain nonimmigrant visas. USCIS may review your case more closely if you marry a U.S. citizen or file Form I-485 during this window. We help clients in San Antonio address this issue clearly and proactively.
Can I Travel While My Adjustment Of Status Application Is Pending?
You should not travel outside the U.S. without an approved advance parole document. Leaving the country without it may result in your application being considered abandoned. We help San Antonio applicants file Form I-131 for travel authorization to protect their pending cases.
Will I Be Able To Work While My Adjustment Application Is Processing?
Yes. If you file Form I-765 with your adjustment packet, you may receive a work permit (EAD) while your case is pending. Most applicants in Texas receive their EAD within 4 to 6 months. We help you track this timeline and apply as early as possible.
Can I Adjust Status If I’m Out Of Status Or Overstayed My Visa?
It depends. Immediate relatives of U.S. citizens may be eligible even after a visa overstay. Others may need a waiver or may be ineligible without § 245(i) protection. We advise San Antonio clients on lawful paths based on immigration violations and family ties.
Do I Need A Medical Exam For My Adjustment Of Status Application?
Yes. You must submit Form I-693 completed by a USCIS-approved civil surgeon. As of December 2024, the medical exam must be submitted at the same time as your I-485. We help you locate approved doctors and ensure the form is up to date.
What Is The Public Charge Rule & Does It Affect Me?
The public charge rule evaluates whether you’re likely to become dependent on government assistance. While the rule has been scaled back, some financial scrutiny remains. We prepare clients in Texas with the necessary income and support documentation to meet current standards.
How Can I Start The Adjustment Of Status Process In San Antonio, TX?
Schedule a free case review with Lozano Law Firm. We’ll evaluate your eligibility, prepare your forms, and support you from filing through the final interview. Whether you’re adjusting through marriage, employment, or another basis, our San Antonio team is ready to guide you every step of the way.
