Understanding the Timeline for Adjustment of Status

Adjustment of status is a critical process for many immigrants in the United States. It involves changing one’s status from a temporary visa holder to a lawful permanent resident (LPR) without leaving the country. This journey can be intricate and time-consuming, with various factors influencing the duration. For individuals and families navigating this pathway, understanding the timeline and what to expect at each stage can be immensely beneficial.

Initial Steps and Filing the Application

The first step in the adjustment of status process is determining eligibility. Not everyone on a temporary visa can adjust their status; eligibility criteria depend on factors like the type of visa held, the individual’s immigration history, and the specific category under which they are applying. Once eligibility is confirmed, the primary application form, Form I-485, Application to Register Permanent Residence or Adjust Status, must be meticulously completed and submitted to the United States Citizenship and Immigration Services (USCIS).

Along with Form I-485, several other forms and documents are typically required. These might include Form I-130 (Petition for Alien Relative) if a family relationship is the basis for the adjustment, Form I-140 (Immigrant Petition for Alien Worker) for employment-based adjustments, and various supporting documents such as proof of lawful entry, medical examination results, and evidence of financial support. Ensuring all required documents are correctly filed is crucial because any omissions or errors can lead to delays or even denials.

After submission, USCIS will send a receipt notice, confirming that they have received the application. This notice includes a unique receipt number that can be used to track the progress of the application online. The initial processing time from submission to receipt notice typically ranges from two to four weeks.

Biometric Services Appointment

One of the early stages in the adjustment of status process is the biometric services appointment. USCIS will schedule this appointment within a few weeks after receiving the application. The applicant will be required to visit an Application Support Center (ASC) to provide fingerprints, photographs, and a signature. This biometric information is used to conduct a background check, which is a standard procedure to ensure that the applicant does not have a criminal record or other issues that would disqualify them from obtaining permanent residency.

The biometric appointment itself is usually straightforward and brief, often taking less than 30 minutes. However, the background check process that follows can take several weeks to a few months, depending on various factors, including the applicant’s background and the current workload at USCIS.

Request for Evidence (RFE)

In some cases, USCIS might issue a Request for Evidence (RFE) if they determine that additional information or documentation is needed to make a decision on the application. Receiving an RFE can extend the processing time, as the applicant must gather the requested information and submit it within the given deadline, usually 30 to 90 days. It’s important to respond to an RFE promptly and comprehensively to avoid further delays.

The time it takes for USCIS to review the additional information provided in response to an RFE varies. On average, it can take several weeks to a few months for USCIS to resume processing the application after receiving the response. Properly addressing the issues raised in the RFE is crucial for the continuation and eventual approval of the adjustment of status application.

Interview Process

An essential part of the adjustment of status process is the interview. Once the initial application review, biometric screening, and any RFEs are completed, USCIS will schedule an interview at a local field office. This interview typically occurs several months to over a year after the application was initially filed, depending on the processing times of the specific field office.

During the interview, a USCIS officer will ask questions to verify the information provided in the application and to assess the applicant’s eligibility for adjustment of status. The interview is also an opportunity for the applicant to clarify any discrepancies or provide additional information. In cases based on marriage, both spouses must attend the interview and be prepared to demonstrate the legitimacy of their relationship.

The outcome of the interview can significantly influence the timeline of the adjustment process. If the officer is satisfied with the responses and documentation provided, they may approve the application on the spot. Alternatively, if additional review is needed or if the officer requires further documentation, the decision may be delayed, adding several weeks to a few months to the overall processing time.

Final Decision and Issuance of Green Card

After the interview, USCIS will make a final decision on the adjustment of status application. If the application is approved, the applicant will receive a notice of approval, followed by the physical green card in the mail. This final stage typically takes a few weeks, but the exact timing can vary.

If the application is denied, USCIS will provide a detailed explanation of the reasons for the denial and information on how to appeal the decision or file a motion to reopen or reconsider the case. Understanding the reasons for denial and the available options is crucial for determining the next steps and addressing any issues that led to the denial.

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Current Processing Times and Variability

As of now, the total time for processing an adjustment of status application can range from several months to over two years. Various factors contribute to this wide range, including the type of underlying immigrant petition, the applicant’s location, the specific USCIS service center handling the case, and the current workload and staffing levels at USCIS.

Employment-based adjustment of status applications often have a different timeline compared to family-based applications. For instance, employment-based applications might experience delays due to priority date backlogs, which occur when the number of applicants exceeds the number of available visas in a particular category.

Family-based applications can also be affected by priority date backlogs, especially for applicants from countries with high levels of immigration to the United States. These backlogs mean that even after USCIS approves the initial petition, applicants might have to wait until a visa number becomes available, significantly extending the overall timeline.

Tips for a Smoother Process

While the adjustment of status process is inherently lengthy and complex, there are steps applicants can take to help ensure a smoother journey. Ensuring all forms are accurately completed and all required documents are submitted at the outset can prevent unnecessary delays. Staying informed about current processing times and being prepared for each stage of the process can also help manage expectations and reduce stress.

Seeking guidance from immigration professionals can provide valuable assistance in navigating the adjustment of status process. They can offer personalized advice based on the specific circumstances of the applicant’s case, helping to avoid common pitfalls and address any issues that arise.

The adjustment of status process is a significant milestone on the path to becoming a lawful permanent resident of the United States. Understanding the various stages and potential timelines involved can help applicants prepare adequately and navigate the process more effectively. While the journey can be lengthy and filled with uncertainties, being well-informed and proactive can make a substantial difference.

Common Issues That Delay Adjustment of Status in NJ

Adjustment of status (AOS) is the process through which foreign nationals residing in the United States can apply to become lawful permanent residents (green card holders). This process can be complicated, and there are many common issues that can cause delays in the adjustment of status. If you are living in New Jersey and planning to apply for an adjustment of status, it is important to be aware of these issues so that you can avoid them and ensure that your application is processed as quickly as possible.

Failure to File a Complete Application

One of the most common reasons that adjustment of status applications is delayed is that they are incomplete or contain errors. It is crucial that you carefully review the application instructions and provide all of the required documents and information. Any missing or inaccurate information can cause significant delays or even lead to a denial of your application.

Incomplete Medical Examination

As part of the adjustment of the status application process, applicants are required to undergo a medical examination by a USCIS-designated physician. If the medical examination is incomplete or if the physician does not provide all of the required documentation, your application may be delayed or denied. Make sure that you schedule your medical examination with a USCIS-designated physician and provide all of the required documentation.

Criminal Record

If you have a criminal record, even if the offense was minor, it can cause significant delays in the adjustment of status process. USCIS will carefully review your criminal history, and any convictions or arrests could result in additional scrutiny or even denial of your application. If you have a criminal record, it is important to speak with an experienced immigration attorney to determine whether it will affect your application.

Immigration Status Violations

If you have violated your immigration status, such as overstaying your visa, it can make it more difficult to obtain an adjustment of status. USCIS will consider your entire immigration history, including any previous violations when reviewing your application. If you have violated your immigration status, it is important to speak with an experienced immigration attorney to determine your options for obtaining an adjustment of status.

USCIS Processing Delays

Finally, it is important to be aware that USCIS processing delays can also cause significant delays in the adjustment of the status process. USCIS has been experiencing significant backlogs in recent years, and it is not uncommon for applications to take months or even years to be processed. While there is little that applicants can do to speed up the process, it is important to monitor your application status and follow up with USCIS if there are any issues.

An experienced immigration attorney can help you identify any issues with your application and can provide guidance on how to address those issues. They can also help you navigate the complex USCIS process and advocate on your behalf if there are any delays or issues with your application.

Additionally, it is important to be aware of recent changes in immigration policy and regulations. The immigration landscape is constantly evolving, and changes in policy can have a significant impact on the adjustment of status process. An experienced immigration attorney can help you stay up-to-date on any changes and ensure that your application is in compliance with the most recent regulations.

It is important to be patient throughout the adjustment of the status process. USCIS processing times can be lengthy, and there may be delays beyond your control. However, by following the instructions carefully, avoiding common issues, and working with an experienced immigration attorney, you can increase the likelihood that your application will be processed as quickly as possible.

The adjustment of status process can be complex and there are many common issues that can cause delays, particularly in New Jersey. However, by being aware of these issues and working with an experienced immigration attorney, you can help ensure that your application is processed as quickly as possible.

The Scheer Immigration Law Group is a well-respected immigration law firm that has helped many clients successfully navigate the adjustment of status process in New Jersey. Here are some of the ways that our firm can help with common issues that delay the adjustment of status cases:

Review Your Application

We can review your adjustment of status application to ensure that it is complete and accurate. We can also help you gather any additional documentation that may be required.

Provide Guidance on Medical Examination

We can provide guidance on the medical examination process and help ensure that all required documentation is provided.

Analyze Criminal History

We can analyze your criminal history and advise you on how it may impact your application. We can also help you explore any options that may be available to overcome any criminal history issues.

Advise on Immigration Status Violations

We can advise you on any immigration status violations and provide guidance on how to address them.

Advocate for You with USCIS

We can communicate with USCIS on your behalf and advocate for you if there are any issues or delays with your application.

Keep You Up-to-Date on Immigration Policy

We can keep you up-to-date on any changes in immigration policy that may impact your adjustment of the status case and ensure that your application is in compliance with the most recent regulations.

7 Common Questions About Adjustment of Status

Are you filing for adjustment of status and have more questions? Read these 7 common questions about adjustment of status, then call us now.

1) Can I Work While an Adjustment Application is Pending?

• After a 60 day period you are usually issued a work permit once an application for adjustment of status is pending.

2) Why Do I Have to File a Work Authorization Form by Marriage?

• It is a good thing to complete because the work authorization document resembles a NJ drivers license and can be used as identification.
• You will be able to apply for a social security number, and gain a driver’s license.
• This also gives the ability to work outside the home if that person change their mind.

3) How Can I File an Adjustment of Status through Marriage of a U.S. Citizen?

• You must enter the US lawfully.
• Your spouse-to-be must be a US Citizen, not a Green Card holder.
• You must demonstrated that you have a job and are working.

4) What are the Requirements to File an I-751 Petition?

• You must convert your two year Green Card into a permanent 10 year Green Card.
• You must file 90 days prior to your conditional Green Card expiration date.
• You must prove your marriage is legitimate by joint documentation.

5) My Abusive Spouse Won’t File the I-751 Form; What Can I Do?

• Their is a waiver for the I-751 that allows you to bypass the joint signature needed to complete the form.  You will need to document the reason for the waiver.
• Once you complete the waiver, you will also need to submit evidence of the abuse by either phones, hospital records, or affidavits.  You will also need to prove that the marriage was made in good faith and not just for citizenship.

6) Can the Loss of Green Card Conditions Be Based on Divorce?

• You can file a petition to convert a two year conditional Green Card into a I-751.
• You must prove that you had a bonafide marriage with joint issued documentation after the divorce.

7) How Can I Determine the Qualifications of Your Employer for a Green Card Sponsorship?

• Your employer must show that they have been unable to find a qualified U.S worker.
• Your employer must be able to prove they can pay your wages with their taxes.

Download Our Free Immigration Guide

Are you filing for adjustment of status and have more questions? After reading these 7 common questions about adjustment of status, contact our dedicated and experienced New Jersey Adjustment of Status Lawyer for legal aid and schedule your confidential consultation.

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Fees Associated with Adjustment of Status

The fees associated with adjusting your immigration status in New Jersey are set by the United States Citizenship and Immigration Services (USCIS). These fees can vary depending on your specific situation, so it’s essential to be aware of the current fee schedule. As of my knowledge cutoff date in September 2021, here are some of the key fees associated with the adjustment of status process:

• Form I-485 Filing Fee: This is the primary fee for the adjustment of status application. As of September 2021, the filing fee for Form I-485 is $1,225 for most applicants aged 14 to 78. This fee includes the cost of biometric services, such as fingerprinting. However, USCIS fees are subject to change, so it’s crucial to check the latest fee schedule on the USCIS website.
• Form I-130 Petition: If you are applying for adjustment of status based on a family relationship, such as marriage to a U.S. citizen, the sponsoring family member must file Form I-130 on your behalf. The filing fee for Form I-130 as of September 2021 is $535.
• Form I-131 Application for Travel Document: If you plan to travel outside the United States while your adjustment of status application is pending, you may need to apply for a travel document (Advance Parole). The filing fee for Form I-131 is $575 as of September 2021.
• Form I-765 Application for Employment Authorization: If you wish to work in the U.S. while your adjustment of status application is pending, you can apply for an Employment Authorization Document (EAD). The filing fee for Form I-765 as of September 2021 is $410.
• Additional Fees: Depending on your specific circumstances, there may be additional fees for services such as requesting a replacement Green Card, renewing your EAD, or other related services.

It’s important to note that USCIS fees are subject to change, so always check the latest fee schedule on their official website before submitting your application. Additionally, there may be other fees associated with the adjustment of status process, such as fees for medical examinations, translations of documents, and attorney fees if you choose to work with an immigration attorney.

Income Requirements and Affidavit of Support

In addition to the filing fees, adjustment of status applicants are typically required to meet certain income requirements or have a qualifying U.S. sponsor who can provide financial support. This requirement is to ensure that the applicant will not become a public charge and will have the means to support themselves in the United States.

If you have a U.S. citizen or lawful permanent resident family member sponsoring your adjustment of status, they will typically need to submit an Affidavit of Support (Form I-864) along with their financial documents to demonstrate their ability to financially support you.

The income requirements for the Affidavit of Support are based on the federal poverty guidelines and vary depending on the sponsor’s household size and location. The sponsor must have income or assets that meet or exceed the minimum required amount to qualify.

If the sponsoring family member does not meet the income requirements, they may need to find a joint sponsor who does meet the criteria and is willing to submit a separate Affidavit of Support.

Additional Expenses to Consider

While USCIS fees and the Affidavit of Support requirements are the primary expenses associated with adjustment of status, there are other costs to consider during the process. These can include:

• Medical Examination: USCIS requires applicants to undergo a medical examination conducted by an authorized civil surgeon. The cost of the medical examination can vary but is generally several hundred dollars.
• Translation and Documentation Fees: If your supporting documents, such as birth certificates or marriage certificates, are not in English, you will need to have them translated by a certified translator. Translation fees can add to your overall expenses.
• Travel Costs: If you need to travel to attend biometric appointments, interviews, or other USCIS appointments, you should budget for transportation and lodging expenses.
• Attorney Fees: While hiring an attorney is not required, many applicants choose to work with an immigration attorney to navigate the complex process and ensure their application is complete and accurate. Attorney fees can vary widely depending on the complexity of your case.
• Miscellaneous Expenses: There may be other miscellaneous expenses that arise during the adjustment of status process, such as fees for obtaining necessary documents or obtaining police clearances if required.

Reducing Costs and Navigating the Process

Adjusting your immigration status can be a significant financial undertaking, but there are steps you can take to reduce costs and navigate the process efficiently:

• Ensure Eligibility: Before beginning the adjustment of status process, make sure you are eligible for the benefit you are seeking. Consult with an immigration attorney or use online resources to understand your options and eligibility criteria.
• Prepare Accurate Documents: Accuracy is crucial when submitting your application. Carefully review USCIS instructions, and consider seeking legal guidance to ensure your forms are complete and error-free.
• Explore Fee Waivers: In certain circumstances, USCIS may grant fee waivers to applicants who can demonstrate financial hardship. If you believe you qualify, consult the USCIS website or an immigration attorney for guidance on requesting a fee waiver.
• Plan Your Timing: Be strategic about when you submit your application. Avoid delays by gathering all necessary documents and meeting deadlines.
• Consider Pro Bono Legal Services: Some nonprofit organizations and legal clinics offer pro bono (free) legal services to eligible applicants. Research whether such services are available in your area.
• Keep Records: Maintain detailed records of all expenses related to your adjustment of status application. This can help you budget effectively and provide evidence if necessary.
• Stay Informed: USCIS policies and fees can change, so stay up-to-date by regularly checking the USCIS website or consulting with an immigration attorney.

If you’re considering the adjustment of status process in New Jersey and want experienced guidance to navigate the complexities of immigration law, our dedicated team at The Scheer Immigration Law Group is here to help. Our experienced immigration attorneys have a deep understanding of the ever-changing immigration landscape and can provide you with the support and advice you need.

Contact us today for a personalized consultation to discuss your specific situation and immigration goals. We can help you understand the requirements, guide you through the application process, and work diligently to achieve a successful outcome.

Don’t let the challenges of adjusting your immigration status hold you back from realizing your dreams in the United States. Take the first step towards lawful permanent residency by reaching out to us at The Scheer Immigration Law Group. Your future in the United States is important, and we’re here to assist you every step of the way.

At The Scheer Immigration Law Group, we are committed to assisting you every step of the way. Our dedicated team of legal professionals has the experience and knowledge to guide you through the adjustment of status process with confidence and clarity. If you are ready to embark on this important journey, contact us today to schedule a consultation. Let us help you achieve your immigration goals and secure your future in the United States.