By Rivera Gainza, P.A. – Immigration Attorneys Serving Palm Beach County & South Florida

If you are living in the United States and want to become a lawful permanent resident (Green Card holder), the process you may need is called Adjustment of Status (AOS). This option allows eligible immigrants to apply for a Green Card without leaving the country.

In this quick guide, the immigration attorneys at Rivera Gainza, P.A. explain what Adjustment of Status is, who qualifies, the benefits, and the steps involved—so you can make confident, informed decisions about your immigration journey.

What Is Adjustment of Status?

Adjustment of Status is the process that allows certain immigrants already in the United States to apply for a Green Card without returning to their home country. Instead of completing the process through a U.S. consulate abroad, applicants can file with U.S. Citizenship and Immigration Services (USCIS) while remaining in the U.S.

This process is especially helpful for individuals who:

  • Entered the U.S. legally

  • Are eligible through a family relationship or employment

  • Have humanitarian protections

  • Or meet specific immigration law criteria

Who Qualifies for Adjustment of Status?

Not everyone is eligible for AOS. You may qualify if:

✔️ You entered the U.S. legally

Most AOS applicants must have been inspected and admitted or paroled into the country.

✔️ You have an approved qualifying petition

This could be from:

  • A U.S. citizen spouse or parent

  • A lawful permanent resident spouse or parent

  • A U.S. citizen child (21+)

  • An employer

  • Another qualifying family or humanitarian category

✔️ A visa is available in your category

Immediate relatives of U.S. citizens (spouses, parents, minor children) do not wait for a visa.
Other categories require checking the Visa Bulletin.

✔️ You meet admissibility requirements

USCIS may require waivers if there are past immigration violations or certain legal issues.

To better understand whether you qualify, consulting with an immigration attorney may be helpful.

Benefits of Adjustment of Status

Adjustment of Status offers several advantages:

⭐ No need to travel abroad

You stay in the U.S. while your application is processed.

⭐ You may receive a Work Permit and Travel Permit

While waiting for your Green Card, you can typically apply for:

  • Employment Authorization Document (EAD)

  • Advance Parole (travel permission)

⭐ Protection while the case is pending

Many applicants remain lawfully present while USCIS reviews the case.

How Adjustment of Status Works: Step-by-Step

Here’s a simplified overview of the process:

1. File Form I-485 (Application to Adjust Status)

This is the main Green Card application. Supporting evidence includes:

  • Identity documents

  • Proof of legal entry

  • Medical exam (Form I-693)

  • Financial sponsorship (Form I-864, if required)

2. Apply for Work and Travel Authorization (optional)

Forms I-765 (EAD) and I-131 (Advance Parole) can be filed with the I-485 at no extra USCIS fee in most cases.

3. Attend biometrics appointment

USCIS will take your fingerprints and photos.

4. Complete the USCIS interview

Most applicants attend an interview at a local USCIS office.
The officer will verify information, relationship (if applicable), and eligibility.

5. Receive a decision

If approved, you will receive your Green Card in the mail.

Common Challenges During the AOS Process

Some applicants experience delays or complications due to:

  • Missing documentation

  • Prior immigration violations

  • Inadmissibility issues

  • Mistakes on forms

  • Insufficient evidence in marriage-based cases

Working with an experienced immigration attorney may help reduce errors and assist with navigating the process.

Do You Need an Immigration Attorney for Adjustment of Status?

While not required, legal representation is strongly recommended.
An attorney can help you:

  • Determine your eligibility

  • Avoid costly errors

  • Prepare strong evidence

  • Navigate interviews

  • Address complex situations

  • Pursue waivers if needed

At Rivera Gainza, P.A., we have years of experience helping clients across Palm Beach County, Broward County, Miami-Dade County, St. Lucie County, Martin County, Okeechobee County, Lee County, and Canton, Georgia.

Start Your Adjustment of Status Journey with Confidence

If you’re ready to apply for a Green Card through Adjustment of Status, our bilingual immigration attorneys are here to help. We provide clear guidance, personalized legal strategies, and compassionate support every step of the way.

📞 Schedule your consultation today
🌐 Visit: riveragainzalaw.com
📍 Serving South Florida & Georgia