Adjustment of Status Requires More Care Now Under Increased USCIS Scrutiny

If you are already in the United States and want to apply for a Green Card, Adjustment of Status (AOS) may allow you to file Form I-485 without leaving the country for consular processing. Depending on your immigration category, you may be able to file Form I-485 after your immigrant petition is approved, or you may be eligible to file the petition and I-485 together through concurrent filing.

However, being eligible to file does not mean approval is guaranteed. Under the current administration, applicants should not assume that an AOS case that appears straightforward will necessarily be simple.

Who May Be Able to File for Adjustment of Status?

AOS may be available to people who are physically present in the United States and meet the requirements for adjustment.

For example, spouses, parents, and unmarried children under 21 of U.S. citizens who meet the requirements may generally file Form I-130 and Form I-485 concurrently. Other family-based and employment-based applicants may also be eligible for concurrent filing when an immigrant visa is immediately available.

For preference categories, whether you can file may depend on your priority date and the applicable Visa Bulletin chart.

A Pending I-485 Does Not Guarantee a Green Card

USCIS must determine that you are eligible for adjustment, admissible to the United States, and otherwise qualify under the applicable immigration laws. USCIS also recognizes adjustment of status as a discretionary benefit. Meeting the basic eligibility requirements does not automatically guarantee approval.

This is particularly important now. Applicants should be prepared for careful review of their immigration history, including previous entries, status, employment, travel, and information provided in prior immigration applications.

Your Immigration History Matters

Before filing, consider whether you have:

• Overstayed a visa or otherwise failed to maintain status

• Worked without authorization

• Entered the United States under circumstances that could raise questions about your original intent

• Provided inaccurate or incomplete information on a prior immigration application

• Had previous immigration violations, arrests, or criminal convictions

• Any potential ground of inadmissibility that could require a waiver

The effect of these issues depends heavily on the type of AOS case. Some applicants, including certain immediate relatives of U.S. citizens, are treated differently under the law than other categories.

Do Not Overlook Travel and Work Authorization

Filing an I-485 does not automatically give you permission to work or freely travel outside the United States. However, many applicants are eligible to apply for a work permit (Form I-765) and advance parole (Form I-131) while their adjustment of status case is pending. These applications are commonly filed together with the I-485 or shortly after, and if approved, they can allow you to work legally in the U.S. and travel abroad while your Green Card case is still pending.

If you leave the country while your I-485 is pending without an approved advance parole document (or without another qualifying status that allows travel), USCIS may consider the application abandoned, although important exceptions exist for certain nonimmigrant classifications.

Applicants should understand the consequences before making international travel or employment decisions, and should plan ahead to avoid jeopardizing their pending case.

Get Legal Advice Before You File

Whether you are planning to file Form I-130 and Form I-485 together, filing an I-485 based on an already approved petition, or pursuing Adjustment of Status through an employment-based category, it is important to have your entire case reviewed before you file.

A filing error, undisclosed immigration issue, or misunderstanding about eligibility can create serious and long-lasting complications. In the current immigration environment, even applicants who believe they have a straightforward case should not assume the process will be routine.

Consult an experienced immigration attorney at Tran Flores Law (TFL) before filing Form I-485. A full case review can help identify potential issues, confirm eligibility, determine whether Adjustment of Status is the right option, and evaluate whether another immigration strategy may be safer.

For help evaluating your Adjustment of Status case, contact Tran Flores Law at (512) 894-9984.