Adjustment of Status

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Generally, foreign nationals who have a way to immigrate to the US, and would like to obtain a green card to live and work in the United States, must apply for a visa at a US embassy or consulate abroad.

An Adjustment of Status is an application filed by the foreign national who is physically present in the United States to obtain lawful permanent residency, either through a family member or employer.


  • Complete the residency process while remaining in the U.S. with your family
  • Avoid Consular Processing
  • Obtain your residency the quickest way possible


Who can apply for adjustment of status?

There are generally three categories of aliens who can adjust status in the US:

  • The applicant must be residing inside the United States;
  • Immediate relatives whose last entry was with inspection OR fall under the protection of 245(i);
  • Non-immediate relatives who have visas that are currently available whose last entry was with inspection OR fall under the protection of 245(i)
  • Certain employment-based visa holders or investors who are in the U.S. and have not been unlawfully present for more than 180 days and have not worked illegally; and
  • Immigrants who entered on a K-1 fiancé visa and subsequently married their US citizen spouse within 90 days of entry.

Who are Immediate Relatives?

A U.S. citizen may petition certain qualified relatives to live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s:

  • Spouse;
  • Unmarried child under the age of 21 (including step-children); and
  • Parent (if the U.S. citizen is at least the age of 21).

Immediate relatives have a special immigration priority and do not have to wait in line for a visa number to become available, as there is no annual limit for these types of visas. Immediate relatives can obtain their residency in as little as 4 months!

How do I know if I am protected under 245(i)?

Section 245(i) of the LIFE Act allows certain persons, who have an immigrant visa immediately available but entered without inspection to apply for adjustment of status if they pay a $1,000 penalty.

To be eligible for 245(i) protection, you must:

  • Be the beneficiary of Form I-130, I-140, I-360 or I-526 filed on or before April 30, 2001, OR
  • Be the beneficiary of an application for labor certification filed with the Department of Labor on or before April 30, 2001, and
  • Also have been physically present in the United States on December 21, 2000 if the petition was filed after January 14, 1998. Note that if you fall under the protection of section 245(i) but left the United States, you may have triggered the 3 or ten-year ban. Please discuss this this important issue with your attorney.


Adjustment of Status Process

Green card applicants wishing to complete an adjustment of status in the U.S. must file Forms I-130, I-485, G-325, I-765, I-131, and I-864, among others.

After the forms and application packet is submitted, the applicant will receive Form I-797, Notice of Action, which verifies USCIS has received your forms and government filing fees.

Approximately 6-8 weeks later you will receive your ASC biometrics appointment. At this appointment USCIS will take you fingerprints for a background check. At approximately 12-14 weeks the applicant will receive an Employment Authorization Document and Travel Permit.

Approximately 4 months after submitting the application for adjustment of status the applicant will receive his or her interview notice. A decision may be made a the time of the interview or shortly thereafter. After approval, the lawful permanent residency card (green card) is mailed to the applicant’s mailing address.

How We Can Help You

  • We will evaluate all of your options and ensure your eligibility
  • We will help you gather necessary documents and evidence
  • We will prepare and submit all relevant applications and petitions with the appropriate U.S. Government entity
  • We will handle all communication with the appropriate U.S. Government entity
  • We will ensure petitions are completed accurately, efficiently, and without delay

Why Choose ImmigrateFast

Why Hire

Our immigration attorneys are some of the best. Not only are we experienced and knowledgeable, we are passionate about protecting the rights of immigrants and their families and welcoming new U.S. Citizens!

Immigration law is one of the most complex areas of law. Having represent you will ensure that your case is handled correctly. Anyone can fill out forms; very few are able to correctly analyze an immigration case. Mistakes can be very costly – you may lose time, money, and the opportunity to live securely with your family.

Our attorneys are completely dedicated to the field of immigration, and that has enabled us to become experts. In fact, we have a reputation for successfully handling very complex cases. We have been successful in thousands of cases and have earned an "A" with the Better Business Bureau.

Some other notable reasons are:

Value. We believe all individuals and companies deserve to receive high-quality representation at an affordable cost. We offer flat-fee pricing with no hidden fees. At Higbee & Associates you will never be surprised when you see your bill.

Technology. We use the latest legal technologies and resources. We have access to the latest decisions and have connections to industry experts. Furthermore, we have a comprehensive online database where clients can log in to access information on their case detailing every step taken. With Higbee & Associates, you will never be left wondering, “What is my attorney doing?”

Personal Service. We take our clients seriously. We listen to their concerns and advise them accordingly. We answer phone calls and emails promptly. We treat our clients with the highest level of respect and professionalism.

Hire us, and we will get it right the first time!

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Adjustment of Status Our Law Firm Typical Law Firm
Price $3,000 $3,500
Includes Full Representation Yes No
Flat-Fee Contracts Yes No
Zero Interest Payment Plans Yes No
Price-Match Yes No
24-Hour Case Status Updates Yes No
Specialize in Immigration Yes No
Top-Rated Attorneys Yes No
Award-Winning Customer Service Yes No

Frequently Asked Questions

Can Lawful Permanent Residents sponsor their family members?

Yes, lawful permanent residents may petition for certain family members to immigrate to the Unites states as permanent residents, subject to visa restrictions. A permanent resident may petition for their:

-Spouse; -Unmarried children under 21; and -Unmarried adult sons and daughters of any age.

While the husband or wife of a US citizen can apply for a green card immediately, the husband or wife of a green card holder (LPR) must wait a period of time after filing Form I-130 before a green card becomes available. As there is an annual limit to the number of marriage visas available to spouses of LPRs, the current wait time is approximately five years. Often times, it is much easier to have the green card holder naturalize first before petitioning for family members. An immigration attorney can help evaluate the best way to sponsor a family member.

If a family petition has been previously filed and the visa is current, you may be eligible to adjust your status now. See the Adjustment of Status section for more information.

I want to petition for multiple relatives. Do I file a separate petition for each relative?

Yes. File a Form I-130, Petition for Alien Relative for each relative you want to sponsor.

Am I required to file an affidavit of support for each relative for whom I file a petition?

Yes. As the petitioner you are obligated to financially support your relative when he or she immigrates. An Affidavit of Support (Form I-864) is required for each relative. If you do not meet the income requirements, a co-sponsor will be necessary. Consult one of our attorneys of to determine if you meet the income requirements for the affidavit of support.

Read more FAQ about our Adjustment of Status service.