Frequently Asked Questions about Adjustment of Status

• What is adjustment of status?
• Where should I file my adjustment of status application?
• Do I need the assistance of an attorney to file for adjustment of status?
• Why do I need to file an adjustment of status application if the USCIS has already approved my immigrant petition?
• Is it guaranteed that my adjustment of status will be approved if I meet all of the requirements?
• How long does an adjustment of status application take to be decided?
• What is the difference between consular processing and adjustment of status?

What is adjustment of status?

Adjustment of status is an application filed by an alien who is physically present inside of the United States to adjust his or her status to permanent resident status.

Where should I file my adjustment of status application?

For family-based immigrant petitions, you need to file your adjustment of status application at your local USCIS office.  For other adjustment applications, you must file at the USCIS Service Center that serves your state.  You can determine which Service Center serves your area on the USCIS website.

Do I need the assistance of an attorney to file for adjustment of status?

An experienced immigration attorney can help you prepare the forms and supporting documents with much less time involved and much more accuracy.  In addition, an attorney may be able to identify any potential problems in your particular case and advise you how to deal with those problems.  Using an attorney can save you time, effort and frustration in becoming a permanent resident. 

Why do I need to file an adjustment of status application if the USCIS has already approved my immigrant petition?

The approval of an immigrant petition filed on your behalf does not make you a permanent resident.  You will need to file an adjustment of status in order to become a lawful permanent resident of the United States.

Is it guaranteed that my adjustment of status will be approved if I meet all of the requirements?

No, the decision to approve an adjustment of status application is discretionary.  This means that the USCIS can deny an application even if the person meets all of the eligibility criteria.

How long does an adjustment of status application take to be decided?

The processing times vary depending on whether your adjustment application is employment-based or family-based.  For employment-based permanent residency cases, the USCIS Service Center may take up to two and one-half years.  For family-based permanent residency cases, the USCIS local office may take between one year and four years, depending on the office.

What is the difference between consular processing and adjustment of status?

Adjustment of status is a benefit available to eligible aliens who are inside of the United States.  Consular processing is the process of applying for an immigrant visa at a U.S. consulate or embassy outside of the United States.