Adjustment of status is the process of getting a green card from inside the United States by filing Form I-485 with USCIS, instead of attending a visa interview at a U.S. consulate abroad. BCA Law Firm is an immigration law firm in Norcross, Georgia that helps families and workers across metro Atlanta, including Chamblee, Doraville, Duluth and Lawrenceville, decide whether they can adjust, prepare a complete I-485 package, and see the case through biometrics, the interview and any RFE.
Office: 700 Holcomb Bridge Road, Norcross, GA 30071
Phone: 678-292-6111
Hours: Monday to Friday, 9:00 a.m. to 6:00 p.m.
Who can adjust status, and who must use consular processing
Being in the United States is not enough. To adjust status, you generally need:
- A basis for a green card, such as an approved or pending family petition (Form I-130) or employment petition (Form I-140)
- An immigrant visa number that is available to you now (immediate relatives of U.S. citizens do not wait for one)
- In most cases, a lawful entry: you were inspected and admitted or paroled at the border
- No bar that applies to you, such as certain status violations or unauthorized work (immediate relatives are exempt from several of these bars)
If you are outside the United States, or you cannot adjust, the green card is processed through the National Visa Center and a U.S. embassy or consulate. That is called consular processing. Leaving the country to consular process can trigger the 3-year or 10-year unlawful presence bars for some people, so get advice before you choose.
Entry without inspection and the 245(i) limits
If you entered the United States without inspection, you usually cannot adjust status, even if you are married to a U.S. citizen. The main exception is INA 245(i), which applies only if you are the beneficiary of a family petition or labor certification filed on or before April 30, 2001. If that petition was filed after January 14, 1998, the principal beneficiary must also have been physically present in the United States on December 21, 2000. Applicants under 245(i) file Supplement A and pay an extra penalty fee.
Some people who entered without inspection may have other routes, such as a provisional waiver and consular processing. USCIS has also said that a U visa approval alone does not let someone adjust as the spouse or parent of a U.S. citizen without a lawful entry or 245(i); see our update on that guidance.
Family-based adjustment of status
Spouses, unmarried children under 21 and parents (if the citizen is 21 or older) of U.S. citizens are “immediate relatives.” They can usually file Form I-130 and Form I-485 together, called concurrent filing, because a visa is always available to them. Other family categories, such as spouses of green card holders and siblings of citizens, must wait until their priority date is current in the Visa Bulletin. See how long an I-130 takes to get approved and our family immigration lawyer page.
Employment-based adjustment of status
Workers in categories such as EB-1, EB-2 and EB-3 can file the I-485 once a visa number is available, either after the I-140 is approved or together with it when the Visa Bulletin chart USCIS is using that month is current for the worker’s category and country. H-1B and L-1 workers can often keep their status, and keep traveling on a valid visa, while the I-485 is pending. See our employment immigration lawyer page.
What goes in an I-485 package
- Form I-485 with birth certificate, passport, I-94 and proof of lawful entry
- Form I-693 medical exam from a USCIS-designated civil surgeon. Since December 2, 2024, most applicants must file it with the I-485, or USCIS may reject the application.
- Form I-864 affidavit of support for family-based cases and some employment cases
- Form I-765 for a work permit and Form I-131 for advance parole travel permission, if you want them. These now carry their own filing fees, and some USCIS fees change for filings postmarked on or after October 16, 2026; check the USCIS fee schedule before you file.
- Court records for any arrest, and evidence of the relationship or job the case is based on
Public charge changed in September 2026. DHS rescinded the 2022 public charge rule for I-485s postmarked or filed online on or after September 18, 2026. Officers now have broader discretion to weigh your whole situation, and use of means-tested public benefits on or after that date can be considered. Benefits received before September 18, 2026 are judged under the 2022 rule’s narrower standard. Use the current edition of Form I-485 from uscis.gov, and talk to us first if anyone in your household has received public benefits. See the final rule in the Federal Register.
A pending I-485 does not by itself let you work. Read can you work while your green card application is pending.
Biometrics, the interview and RFEs or NOIDs
After filing, USCIS sends a receipt notice and then a biometrics appointment for fingerprints and a photo. Many applicants are then interviewed, for Atlanta-area residents usually at the USCIS Atlanta Field Office. Marriage-based interviews focus on whether the marriage is real; bring originals and proof of your life together.
If something is missing, USCIS may send a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). Both have firm deadlines. A NOID means USCIS plans to deny unless your response changes its mind, so treat it as urgent. Since August 5, 2026, officers may also deny a case without sending an RFE first when required evidence is missing, so file a complete package. See our RFE response lawyer page.
Adjustment of status processing time
There is no single processing time. It depends on your category, whether a visa number is available, your field office and whether USCIS asks for more evidence. Check current USCIS processing times for Form I-485 and read how long adjustment of status takes. If a case is stuck well past the posted time, a mandamus lawsuit may be an option.
Travel while your I-485 is pending
If you leave the United States without advance parole, USCIS will usually treat your I-485 as abandoned. H-1B and L-1 workers (and their H-4 or L-2 family) who keep their status can often travel and return on a valid visa instead. Anyone with past unlawful presence, a prior removal order or a criminal record should talk to a lawyer before any trip, even with advance parole, because border officers still decide whether to let you back in. Read can you travel while your green card application is pending.
The May 2026 USCIS adjustment of status memo
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199. It describes adjustment of status as discretionary, “extraordinary” relief and tells officers to look harder at cases where consular processing is available, weighing negative facts such as overstays, status violations, unauthorized work, fraud, and failing to leave after a temporary admission or parole.
The memo did not change the law. INA 245 and the regulations still govern who can adjust, and protections such as the immediate-relative exceptions, 245(i) and 245(k) remain in place. What has changed is how strictly officers use their discretion. That makes careful screening and strong evidence of positive factors, such as family ties, long residence, caregiving and good moral character, more important. Read our full analysis of the May 2026 memo.
Separately, in early 2026 USCIS put on hold many applications from nationals of countries covered by travel restrictions. A federal court in Rhode Island set those hold policies aside in June 2026, and the government has appealed. As of October 2026 the litigation is ongoing, so if you were born in or are a citizen of one of those countries, ask us about the current status before you file.
Frequently asked questions
Do I need an adjustment of status lawyer?
Not always, but an adjustment of status attorney is worth it if you have an overstay, an entry without inspection, a prior removal order, any arrest, past unauthorized work, or a gap in status. After the May 2026 memo, those facts carry more weight.
Do you help clients in Atlanta and Chamblee?
Yes. Our office is in Norcross, a short drive from Chamblee, Doraville and most of metro Atlanta, and we also meet clients online. Adjustment of status is federal, so we can help applicants anywhere in the United States.
Can I adjust status if I overstayed my visa?
Often yes if you are an immediate relative of a U.S. citizen and entered lawfully, because the overstay bar does not apply to immediate relatives. Most other categories cannot adjust after a status violation unless an exception, such as 245(k) for some employment cases, applies.
How long does adjustment of status take?
It varies by category and field office. Check the USCIS processing times tool for Form I-485, and expect extra time if USCIS issues an RFE or schedules an interview.
Consultations
A consultation is a 30-minute meeting and costs $175. We offer consultations at our Norcross office and online. Bring your passport, I-94, any USCIS notices and any court records.
Book a consultation online or call 678-292-6111.
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
