Adjustment of Status Lawyer in New York

Adjustment of status is the process that lets certain people already inside the United States become lawful permanent residents without having to travel abroad for a consular interview. The application is filed on Form I-485. When it works, it is one of the most convenient ways to get a green card. When eligibility is misjudged, it can lead to denials, lost filing fees, and even removal proceedings. At the Law Offices of Albert Goodwin, PLLC, attorney Albert Goodwin guides applicants throughout New York City, Nassau, Suffolk, and Westchester counties, and across the country, through this process from start to finish.

This page explains who can adjust inside the United States, what must be in place before filing, the legal provisions that govern eligibility, and the mistakes that most often trip people up.

Who Can Adjust Inside the United States

Not everyone with an approved petition can adjust status here. In general, adjustment is available to applicants who were inspected and admitted or paroled into the United States, who have a visa immediately available, and who are not barred by a ground of inadmissibility. People who entered without inspection, or who fall under certain bars, often must instead pursue consular processing abroad, which can carry its own risks. Determining which route applies is the first and most important question in any case.

Immediate relatives of United States citizens, meaning spouses, parents, and unmarried children under twenty-one, enjoy the most flexible rules and are not subject to annual visa limits. Many of these cases proceed through marriage-based or family-based petitions.

An Approved or Concurrent Petition and a Current Priority Date

Adjustment requires an underlying petition, such as a Form I-130 for family cases or a Form I-140 for employment cases. In some situations the petition and the I-485 can be filed together, known as concurrent filing, which speeds things up considerably. Immediate relatives and many employment applicants whose visa category is current may file concurrently.

For preference categories that are subject to numerical limits, a visa must actually be available. That is tracked through the priority date, the place in line established when the petition was filed, compared against the monthly Visa Bulletin. If your priority date is not yet current, you generally cannot file the I-485, no matter how strong the underlying petition is. Watching the Visa Bulletin and filing at the right moment is part of the strategy in many cases.

INA 245(a), 245(i), and 245(k)

The governing statute is section 245 of the Immigration and Nationality Act. Section 245(a) sets the basic rule: an applicant who was admitted or paroled, has a visa available, and is admissible may adjust. Section 245(c) then bars certain applicants, including many who worked without authorization or fell out of status, from using 245(a), though immediate relatives are forgiven for some of these issues.

Section 245(i) is a limited relief provision that allows some applicants who would otherwise be barred, including certain people who entered without inspection, to adjust by paying a penalty fee, provided a qualifying petition or labor certification was filed for them on or before April 30, 2001. Because of that long-past cutoff, 245(i) eligibility usually depends on an old filing, and it is worth checking whether one exists in your family history.

Section 245(k) offers a separate cushion for employment-based applicants. It forgives certain status violations and periods of unauthorized work if they total no more than 180 days since the applicant’s most recent lawful admission. This provision rescues many work-based cases that would otherwise fail under 245(c).

Unlawful Presence and the Bars

Time spent in the United States without authorization can create serious problems. Accruing more than 180 days of unlawful presence and then departing can trigger a three-year or ten-year bar to returning. This is one reason adjusting inside the country, when possible, is often safer than leaving for consular processing, because the applicant does not trigger the bar by departing. Anyone with periods of unlawful presence should have their timeline reviewed carefully before making any travel or filing decision.

Work and Travel Authorization While the Case Is Pending

An adjustment applicant can usually apply for an Employment Authorization Document, or EAD, and for advance parole, which permits travel abroad while the I-485 is pending. These are often requested together with the I-485 and at no extra fee. The EAD lets the applicant work lawfully during the wait, and advance parole allows reentry after a trip.

Caution is essential here. Traveling abroad while the I-485 is pending without first obtaining advance parole is generally treated as abandonment of the application, except for certain nonimmigrant categories. Many otherwise solid cases have been lost simply because the applicant left the country at the wrong time.

The Adjustment Interview

Most family-based applicants, and some others, must attend an interview at a local United States Citizenship and Immigration Services office. The officer confirms the information in the application, reviews original documents, and, in marriage cases, assesses whether the relationship is genuine. Good preparation, organized evidence, and honest, consistent answers make a real difference. A lawyer can attend the interview with you and help you prepare for the questions likely to arise in your category.

Common Pitfalls to Avoid

• Traveling without advance parole and abandoning the application.
• Working without authorization before adjustment, which can bar non-immediate relatives under 245(c).
• Filing before the priority date is current.
• Overlooking a possible 245(i) grandfathering basis from an old petition.
• Failing to disclose arrests, prior visa denials, or earlier immigration filings.

Each of these mistakes is avoidable with planning. Reviewing your full history before anything is filed is the surest way to keep a case on track.

Speak With a New York Adjustment of Status Lawyer

Whether your case is family-based, employment-based, or arises from another category, careful handling of the I-485 protects the green card you are pursuing. The Law Offices of Albert Goodwin, PLLC, serves clients across New York City, Long Island, Westchester, and nationwide.

Call us at 212-233-1233 or email email@immigrationlawofficeny.com to review your eligibility and plan your adjustment of status.