Adjustment of Status

What is Adjustment of Status? (Residency)

Adjustment of Status is the application process that benefits individuals living in the United States that want to become Legal Permanent Residents (“green card”). It consists of filing USCIS form I-485 in conjunction with other forms and documents based on your situation. You will not have to go back to your country. Adjustment of Status allows you to become a Legal Permanent Resident here in the United States. The best way to apply for Adjustment of Status is by hiring a competent Adjustment of Status Attorney.

Can I apply for Adjustment of Status?

The application process is not just for anyone. It can also be complicated. Burga Law Firm PC has the knowledge and experience to help you get your Adjustment of Status application approved. It requires that: 1) You entered the United States with inspection, or 2) You are the beneficiary of an I-130 petition that was approvable when filed before April 30, 2001 (INA Section 245(i)). If you do not find yourself under any of these two circumstances, you should give us a call. There are other ways to show that you qualify for Adjustment of Status and Burga Law Firm PC can help you.

What is INA Section 245(i)?

It allows some applicants who are out of status (undocumented), entered the U.S. without inspection, or violated the terms of their non-immigrant visa to apply for Adjustment of Status. You can take advantage of 245(i) if:

  1. You were physically present in the U.S. on December 21, 2000;
  2. An immigration petition or labor certification application has been filed for the benefit of the alien on or before April 30, 2001; and
  3. The immigration petition o labor certification application must be approvable at the time of filing.

If you qualify for Adjustment of Status under Section 245(i), there is a $1000.00 penalty fee payable to USCIS.

What are the fees for Adjustment of Status?

The fees with USCIS can vary at any time. The most recent change in fees happened in December 2016 and the fee, including Biometrics, is $1225.00. For a current list of USCIS fees click here.

If you have more questions about Adjustment of Status, give us a call for a free consultation at (909) 538-8320 or click here to ask us a questions and the attorney will get back to you.