Albuquerque Adjustment of Status Lawyer

Navigating the U.S. immigration system can be challenging, especially for individuals seeking lawful permanent residence without leaving the country. The process, known as Adjustment of Status (AOS), allows eligible individuals already in the United States to apply for a green card and transition from a temporary to a permanent status.

At John W. Lawit, LLC, our experienced Albuquerque adjustment of status lawyers provide skilled legal representation to help you move through this process with confidence and clarity. We work closely with clients in Albuquerque and throughout New Mexico to prepare strong applications, avoid common pitfalls, and respond to any complications that may arise.

Clients often pursue adjustment of status through family-based petitions, employment-based sponsorship, humanitarian programs, or other legal pathways. Each case is unique, and our attorneys are prepared to provide personalized guidance tailored to your circumstances.

If you’re ready to pursue lawful permanent residence, our legal team is here to protect your rights and help you build a secure future in the United States.

What Is Adjustment of Status?

Adjustment of Status is the legal process that allows certain non-citizens already in the United States to apply for lawful permanent resident status (commonly known as a green card) without needing to return to their home country for consular processing. This pathway is available to eligible individuals who entered the U.S. lawfully and meet specific requirements under U.S. immigration law.

Through adjustment of status, applicants may change their immigration classification from a temporary visa holder (such as a student, visitor, or worker) to a permanent resident. This process is handled by U.S. Citizenship and Immigration Services (USCIS) and involves filing Form I-485, along with supporting documents that demonstrate eligibility.

Adjustment of status is commonly pursued through family-based immigration (such as marriage to a U.S. citizen), employment-based petitions, asylum status, or other humanitarian programs. The process provides many advantages, including the ability to stay in the U.S. while the application is being processed and, in most cases, to apply for work authorization and travel documents.

This option is different from consular processing, where the individual applies for a green card at a U.S. embassy or consulate abroad. For many people already residing in the U.S., adjustment of status is the more convenient and less disruptive choice, provided they qualify under immigration laws.

With a clear understanding of what adjustment of status entails, we can now examine who may qualify to apply.

Who Qualifies for Adjustment of Status?

Eligibility for adjustment of status depends on several key factors, including the applicant’s current immigration status, how they entered the United States, and the specific category under which they are applying for a green card.

To qualify for adjustment of status, most applicants must meet the following general requirements:

• Lawful Entry: The applicant must have been lawfully admitted or paroled into the United States. This typically means entering with a valid visa or through an approved parole program.
• Approved Immigrant Petition: In most cases, the applicant must have an approved immigrant petition (such as Form I-130 for family-based applicants or Form I-140 for employment-based applicants).
• Immediate Visa Availability: An immigrant visa must be immediately available in the appropriate category, based on the applicant’s priority date and country of origin. The Visa Bulletin, published monthly by the U.S. Department of State, determines availability.
• No Immigration Violations: Individuals who have overstayed their visa, worked without authorization, or committed certain immigration violations may be ineligible, though exceptions exist for some family-based and humanitarian cases.

Some individuals may also qualify under special categories, including:

• Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents)
• Asylees and refugees after one year of presence in the U.S.
• Special immigrant juveniles
• Certain crime or trafficking victims eligible for a U visa or T visa

Because eligibility can be affected by many complex factors, it is important to speak with an experienced Albuquerque adjustment of status attorney who can evaluate your circumstances and determine the most effective path forward.

For those who qualify, adjustment of status offers several distinct advantages over consular processing.

Benefits of Adjustment of Status Over Consular Processing

For individuals already in the United States, pursuing adjustment of status offers several advantages when compared to consular processing. Understanding these benefits can help applicants make informed decisions about their path to permanent residency.

• Remain in the U.S. During the Process: Adjustment of status allows applicants to stay in the country while their green card application is pending. This is especially helpful for individuals who have built lives in the U.S. and want to avoid the uncertainty of leaving and re-entering.
• Apply for Work and Travel Authorization: Most applicants can apply for employment authorization (EAD) and advance parole travel documents while waiting for their green card, giving them the ability to work and travel legally.
• Avoid International Travel Risks: Traveling abroad for consular processing can be risky, especially if the applicant faces potential bars to reentry due to unlawful presence or other immigration violations. Adjustment of status helps mitigate these risks by keeping the process domestic.
• Simplified Communication with USCIS: Adjustment of status is processed entirely by USCIS, which may allow for more direct communication and status updates compared to working through U.S. consulates overseas.
• No Need for a Visa Interview Abroad: Applicants do not need to travel to a U.S. consulate or embassy for a visa interview, which can save time, travel costs, and stress.

While adjustment of status offers many benefits, not all applicants are eligible for this process. It is important to consult with a knowledgeable immigration attorney to determine which path, either adjustment of status or consular processing, is best suited for your situation.

Step-by-Step Adjustment of Status Process

Navigating the adjustment of status process involves several key steps, each of which must be completed accurately to avoid delays or denials. Below is a general overview of how the process works for most applicants:

Step 1: Determine Eligibility

Before beginning, it is crucial to confirm that you qualify for adjustment of status. This includes reviewing your manner of entry, visa status, and whether an immigrant visa is available in your category.

Step 2: File an Immigrant Petition

A qualifying relative or employer must typically file an immigrant petition on your behalf, such as Form I-130 (family-based) or Form I-140 (employment-based). In some cases, such as VAWA or special immigrant juveniles, the applicant may self-petition.

Step 3: Check Visa Availability

You can track your priority date and visa category using the U.S. Department of State’s Visa Bulletin. An immigrant visa must be available before you can proceed.

Step 4: Prepare and Submit Form I-485

Once an immigrant petition is approved and a visa is available, you must file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. Supporting documentation and applicable fees must be included.

Step 5: Attend Biometrics Appointment

After submission, you’ll receive a notice to attend a biometrics appointment where USCIS will collect your fingerprints, photograph, and signature.

Step 6: Participate in an Interview (if required)

Most applicants are required to attend an interview at a USCIS office. This interview allows an immigration officer to verify the information in your application and assess your eligibility.

Step 7: Receive a Decision

USCIS will issue a written decision. If approved, you will receive your green card by mail. If denied, the notice will include reasons for the denial and information about potential next steps.

Because errors or omissions can result in setbacks, many applicants choose to work with an experienced Albuquerque adjustment of status lawyer to ensure their application is properly prepared and filed.

Common Challenges and How Our Albuquerque Adjustment of Status Lawyers Can Help

While obtaining a green card through adjustment of status offers a promising path to permanent residency, the process is not without obstacles. Applicants often face legal and procedural challenges that can jeopardize their case without skilled legal assistance.

Here are some of the most common issues and how our Albuquerque adjustment of status lawyers can help address them:

• Incomplete or Inaccurate Documentation: USCIS may deny or delay applications due to missing forms, incorrect information, or insufficient evidence. Our lawyers help ensure that all paperwork is properly completed and tailored to your case.
• Inadmissibility Grounds: Issues like prior immigration violations, criminal history, health concerns, or misrepresentation can trigger grounds of inadmissibility. Our attorneys can evaluate whether a waiver is available and assist with preparing a strong waiver application if needed.
• Lack of Evidence for Relationship or Employment: Family-based and employment-based applicants must prove the legitimacy of their relationship or job offer. Legal counsel helps organize and present the documentation in a compelling and credible way.
• USCIS Requests for Evidence (RFEs): If USCIS requests more evidence, missing the deadline or failing to respond appropriately can derail your application. Our attorneys ensure timely, accurate, and persuasive responses.
• Interview Concerns: Some applicants struggle to prepare for the adjustment of status interview. Our experienced attorneys can conduct mock interviews, explain what to expect, and accompany you if necessary.

By working with our knowledgeable adjustment of status attorneys in Albuquerque, you gain the guidance needed to identify potential risks early and respond to challenges proactively. Legal support can make a significant difference in improving your chances of success.

That’s where a knowledgeable legal team can make a difference.

Why Choose John W. Lawit, LLC for Your Adjustment of Status Case?

Navigating an adjustment of status requires a legal team that understands both the law and your unique situation. At John W. Lawit, LLC, our Albuquerque immigration lawyers are committed to guiding clients through every stage of the immigration process with clarity and confidence.

Here’s why clients choose us:

• Decades of immigration experience: Our firm has a long-standing reputation for handling complex adjustment of status cases and securing favorable outcomes.
• Personalized legal strategies: We tailor our approach to your specific immigration goals, whether you’re adjusting through marriage, employment, or humanitarian relief.
• Bilingual legal support: Our team communicates in English and Spanish, ensuring you’re fully informed and understood throughout the process.
• Compassionate representation: We know the stakes are high, and we treat every case with the care and attention it deserves.
• Trusted Albuquerque immigration lawyers: With decades of experience navigating USCIS procedures, immigration courts, and evolving federal policies, we provide reliable, strategic legal support tailored to the unique challenges of each client.

Whether you’re just beginning the process or facing delays, having experienced legal guidance can make a critical difference in the outcome of your case.

Adjustment of Status FAQ

Can I apply for adjustment of status if I overstayed my visa?

In some cases, yes. Immediate relatives of U.S. citizens (such as spouses or parents) may still qualify even if they overstayed. However, each case is unique, and it’s important to consult an attorney to determine eligibility.

How long does the adjustment of status process take?

Processing times vary depending on your category, USCIS workload, and location. On average, it can take 8 to 14 months, though some cases may be faster or slower.

Will I need to attend an interview?

Most applicants must attend a USCIS interview. Your lawyer can help you prepare and may accompany you to ensure you are ready and protected.

Can I travel while my adjustment of status is pending?

You must apply for and receive advance parole before traveling abroad. Leaving the U.S. without it may result in your application being considered abandoned.

What happens if my adjustment of status is denied?

If denied, you may have options such as filing a motion to reopen or appeal. Your attorney can review the reasons for denial and recommend the best course of action.

Speak With an Albuquerque Adjustment of Status Lawyer Today

The journey to permanent residency can be overwhelming without professional guidance. At John W. Lawit, LLC, our experienced team is here to guide you through every step of the adjustment of status process.

We are committed to protecting your rights and ensuring your application is strong, accurate, and timely.

If you’re considering an adjustment of status or facing complications with your immigration status, speak with our experienced Albuquerque immigration lawyers today. We provide compassionate, knowledgeable, and strategic representation to help you pursue a better future in the United States. Call us at (214) 609-2242 today.