Adjustment of Status Lawyer
MARK A. PEREZ, ATTORNEY AT LAW
Adjustment of status petitions enable people to apply to become permanent residents without having to leave the country to obtain an immigrant visa. This can save a great deal of expense, effort and separation from family. In certain circumstances, individuals who are facing deportation may be able to avoid removal by applying for a USCIS adjustment of status.
At Mark A. Perez, Attorney at Law, an experienced adjustment of status lawyer assists clients through this process and protect your rights at every stage.
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What Is Adjustment of Status?
Adjustment of status is a process that allows eligible non-citizens to transition from a temporary immigration category to lawful permanent resident status without departing the United States.
Since adjustment of status applications are reviewed closely by the U.S. Citizenship and Immigration Services (USCIS), even minor mistakes or omissions can lead to delays, requests for evidence, or denials. Understanding the legal framework and procedural requirements is critical before filing.
What Are the Requirements for Adjustment of Status?
In order to qualify to apply for an adjustment of status, you must meet the following criteria:
- Visa Availability: An immigrant visa must be immediately available to you based on your immigration category and priority date. Without an available visa number, your adjustment application cannot be approved.
- Lawful entry and status: You must have been lawfully admitted or paroled into the United States. In most cases, you must also be in valid immigration status at the time you file.
- Admissibility: You must be considered admissible under U.S. immigration law. Certain criminal convictions, including violent crimes, as well as fraud or prior immigration violations, may make you inadmissible.
There are a few exceptions to these requirements. An adjustment of status lawyer can tell you if you’re eligible for a waiver.
In addition to meeting the basic eligibility requirements, applicants must submit a complete and accurate adjustment of status packet to USCIS. This typically includes Form I-485, supporting documentation establishing eligibility, identity records, proof of lawful entry, and evidence supporting the underlying immigrant petition. Many applicants are also required to attend a biometrics appointment and an in-person interview.
USCIS officers use these steps to verify identity, review admissibility issues, and confirm that the application is legitimate. Missing documents, inconsistencies, or prior immigration violations can significantly complicate the process.
It can be difficult to know whether you meet these qualifications. When you meet with me, I will review your situation and determine whether an adjustment of status petition is possible for you. As an experienced adjustment of status lawyer, I can anticipate potential issues, prepare applicants for interviews, and respond effectively to government requests, helping to reduce unnecessary delays.
Who Can Apply for an Adjustment of Status?
- Immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents (if the U.S. citizen is 21 or older)
- Other family-based applicants with an approved I-130 petition and a current priority date
- K-1 fiancé(e) visa holders who married their U.S. citizen petitioner within 90 days of entry
- Widow(er)s of U.S. citizens
- Employment-based applicants with an approved I-140 petition and a current priority date
- Certain physicians working in underserved areas
- Special Immigrant Juveniles (SIJS)
- Asylees and refugees who have been physically present in the United States for at least one year
- Diversity Visa (green card lottery) selectees
- Cuban nationals eligible under the Cuban Adjustment Act after one year of physical presence
- Certain VAWA self-petitioners (abused spouses, children, or parents of U.S. citizens or lawful permanent residents)
- Certain victims of crime (U visa holders) and trafficking (T visa holders)
- Special immigrants, including certain religious workers and certain Afghan or Iraqi nationals
Registry applicants who have continuously resided in the United States since before January 1, 1972
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How Does Adjustment of Status After Marriage Work?
One of the most common pathways to permanent residence is adjustment of status after marriage to a U.S. citizen or lawful permanent resident. Marriage-based cases receive heightened scrutiny from immigration authorities, particularly when the marriage occurred after entry into the United States or during removal proceedings. Applicants must demonstrate that the marriage is bona fide and not entered into solely for immigration purposes.
Evidence may include shared financial records, joint leases or mortgages, photographs, and affidavits from friends or family. Timing is also critical, as certain visa overstays or status violations may be forgiven for immediate relatives of U.S. citizens but not for other categories of applicants. Because marriage-based adjustment cases can involve complex legal and factual issues, working with an adjustment of status lawyer is often essential to ensure compliance with USCIS requirements and to avoid allegations of misrepresentation.
Why You Need an Adjustment of Status Lawyer
Adjustment of status is not automatically granted, even when a visa is available. Applications may be denied due to inadmissibility grounds such as prior immigration violations, criminal history, misrepresentation, or public charge concerns. In some situations, filing an application can expose unresolved immigration issues, particularly for individuals already in removal proceedings.
Strategic legal analysis is essential before submitting an application to ensure that pursuing adjustment will not create additional risk. An adjustment of status lawyer can evaluate waiver options, timing considerations, and alternative strategies that may protect applicants from adverse outcomes.
Do You Have Immigration Questions? Schedule a Consultation
Working with an experienced adjustment of status lawyer provides applicants with clarity and confidence throughout the process. Legal representation can help ensure that filings are accurate, deadlines are met, and communications with USCIS are handled professionally. From initial eligibility assessments to interview preparation and post-submission follow-up, legal counsel can play a critical role in achieving a successful outcome.
Schedule a consultation to get real answers to your immigration questions and find out what your options are. As an experienced adjustment of status lawyer, I can review your situation with you and give you options. Call Mark A. Perez, Attorney at Law, in Dallas at 214-752-0505.
