Introduction
Don’t tackle the often-changing immigration laws alone when trying to become a lawful permanent resident. The process for adjusting status can be confusing, however, knowing the right steps to take and how to avoid mistakes can make it easier. In this blog post, we will go through four best practices to guide you through the process of determining your eligibility to file for adjustment of status and the process of filing for it.
Determine Eligibility for Adjustment of Status
Immigration law can be ever changing and very overwhelming to those immigrants seeking lawful Permanent Resident status in order to become a future U.S. citizen. They can be overcome with anxiety when they are trying to go through the lawful process of seeking lawful Permanent Resident status in order to remain in the U.S. legally as a permanent resident. Initially, one has to establish whether or not an individual is eligible to seek a change of status to become a lawful permanent resident.
- You must have entered the U.S. lawfully: Most individuals who are applying for a visa adjustment of status have entered the U.S. with a valid visa in their passport.
- Immigrant Petition: An approved immigrant petition (Form I-130 or Form I-140) must have been filed and approved prior to filing the application for adjustment of status for the qualifying relative.
- Visa Availability: Check the Department of State’s monthly Visa Bulletin to see if visas are currently available for your immigrant category.
- Admissibility: You/your spouse must be admissible to the U.S. The grounds of inadmissibility include among others, prior or current violation of any U.S. law. His/her unlawful employment (prior or current) will also be considered against him/her in his/her admissibility determination.
As the immigration policies are always changing, the processes for changing status to lawful Permanent Resident and seeking permanent residence through lawful status and processed by USCIS for processing are also changing. As the processes for seeking immigrant status and approval for immigrant petitions are always changing, factors that are favorable for approval of adjustment of status application for Permanent Residency processed by USCIS have been changing. Some of the factors are always constant such as having family members that are U.S. citizens or Permanent Residents, or having approved immigrant petition, or being entitled to application for visa at U.S. Consulate abroad, etc. However, there are many changing circumstances in processing immigrant petitions and adjustment of status applications such as circumstances affecting approval of immigrant petitions, approval of application for adjustment of status to that of lawful Permanent Resident, factors that are viewed as favorable circumstances for approval of application for adjustment of status to that of a lawful Permanent Resident processed by USCIS, situations in which having previously been out of status would not bar approval of application for adjustment of status, and other situations affecting approval or denial of application for adjustment of status. With highly scrutinized applications such as those for I-485 adjustment of status processing, approval of the application for adjustment of status will more than likely result in a case being sent for a Request for Evidence (RFE) in order to review additional documentation to make a determination regarding approval or denial of the application. It is very crucial that individuals have full knowledge of circumstances that will aid in approval of application for status as a lawful Permanent Resident, before going through the processing of application for adjustment of status.
Understanding the criteria for visa adjustment of status and how the discretionary visa applications process actually works today will help to establish your eligibility to seek permanent residence through the lawful process of becoming a Lawful Permanent Resident (Green Card Holder) and then later an U.S. citizen.
Follow the Correct Filing Procedures
Adjusting Status to a Permanent Resident can be a daunting and intimidating process but you don’t have to go through it alone. We have outlined the steps of applying for Adjustment of Status below to assist you through the process.
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Fill out application for adjustment of status of a visa holder: We can assist filling out the Application for Adjustment of Status for a Visa Holder, Form I-485. We will review the necessary documents such as proof of the individual's lawful entry into the U.S. as well as proof of completion of the required medical exam.
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Submit Supporting Documents: When submitting an application for adjustment of status on a visa holder, timing of all supporting documents is critical to the process. Making sure you have sent all required documentation correctly is one of the biggest mistakes that can cause delays in processing your green card application.
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Check Filing Dates: The wrong service center can cause a lot of hassle. Timing is everything when it comes to immigration applications. And recent policy changes can have unexpected effects on pending cases. It is wise to have an immigration lawyer evaluate your case and point out errors to be removed in order to avoid delay. At Vasquez Law Firm we have free immigration consultations and offer low cost payment options to suit almost any budget. We Fight for You and Your Future!
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Use the Correct Filing Address: As there are frequent changes to immigration policy, an individual may wonder how new policies will apply to their application. An experienced immigration attorney can give you advice on your specific case to outline errors in your process that could cause delays. Free immigration consultations are given at Vasquez Law to aid individuals planning their future and we have a cost-effective payment options for our clients.
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Consult an Immigration Lawyer: Don’t allow mistakes to create delays in your case. By going through each step to apply for adjustment of status for a visa holder and having an immigration lawyer review your case, we can Fight for You and Your Future! Here at Vasquez Law Firm, we offer FREE consultations and affordable payment options to best serve our clients.
Compile Required Documentation Effectively
DOCS DOCS DOCS: For the process of Processing your Adjustment of Status application we must first start to compile a list of all Docs and Documentation required to complete your Application for Adjustment of Status to Permanent Residency Status.
- Proof of Identity: A copy of valid, current and unexpired passports and/or government-issued photo identification.
- Birth Certificate: long form showing both parents’ names. Typically a state or province issued document that may need to be translated if issued in a foreign language or from a foreign country where the individual resides.
- Immigration Documents: Copies of Form I-94/I-94A, all visa stamps, and all previously filed immigration petitions, including denied petitions.
- Financial Support Evidence: Copy of the immigrant’s Financial Sponsor’s completed and signed Form I-864 Affidavit of Support, showing that the immigrant has financial sponsors to support immigrant financially and receive public benefits.
- Medical Examination / Processing: The results from the medical examination for entry into the United States by a civil or commercial surgeon who has been approved by USCIS to perform immigration medical processing in a sealed envelope.
We can also help organize all the documents to help get them processed in a timely manner. Many mistakes are made by filling out forms in their entirety, as well as not including enough documentation to prove their eligibility to apply for immigration. This can cause considerable delays in processing time. Our staff can review all of your documentation to make sure that everything is complete and in order. We can also represent you and assist in the filing of your immigration application.
As USCIS recently released new policy guidelines on May 21, and May 22, 2026, regarding pending and new filed Adjustment of Status Applications, (Form I-485), please note that these applications are processed on a case-by-case basis and will be approved at the discretion of USCIS Officer. The average processing time for all Adjustment of Status Applications for 2026 has increased to 8-14 months or more. It is essential for all Applicants to stay current as to the status of their Applications throughout the entire processing time frame.
Monitor Visa Bulletin and Application Status
Immigrants and their families go through a lot of confusion in relation to the Visa Bulletin and how it impacts their application for Adjustment of Status.
- Monthly Review of the Visa Bulletin: At the end of the month, USCIS publishes its monthly review of the Visa Bulletin which outlines the amount of visas available for use within various categories. For Adjustment of Status applications, review your current Priority Date to see if it has ‘advanced’ and obtain information as to when you can submit your Form I-485 Application for Green Card as well as times when you would be able to ‘upgrade’ from processing your AOS application for a Green Card by adjusting status to being processed for an immigrant visa for processing abroad if desired.
- Keep track of your case: USCIS’ online case status tool shows the current status of your submitted application(s). It will inform you about due dates for outstanding actions items (e.g. response to a Request for Evidence (RFEP)) and about the completion of processed cases. Many Temporary Protected Status cases have been pending for long time. So, it is particularly important for these individuals to remain up-to-date on the status of their submitted application(s).
- After you have submitted your Application- Processing of your Application- Don’t wait - respond to a Request for Evidence (RFEP) immediately!: There is no need for USCIS to process your submitted application after you have submitted your application. However, after a RFEP has been sent to you for your submitted application, it is in your best interest to answer right away as delays in your response to a RFEP will cause additional processing time for your application. As many know the Temporary Protected Status (TPS) designation for several countries is set to expire for the affected individuals soon and many are already experiencing anxiety due to their uncertain status. Thus, it is recommended that such individuals remain apprised of their status and respond to all USCIS communications in a timely manner.
Knowing what to look for will assist you in managing your application in order to reach a successful conclusion. The fact that for more than a year John had been reviewing on a monthly basis the current status published by the Visa Bulletin, until he finally got to the date for filing his I-485 application for Green Card, shows. Even though he wasn’t very familiar with U.S. immigration laws, it didn’t matter. Once he had filled out his application he had taken advantage of his right to submit it on time. But the growing number of pending applications for Adjustment of Status to permanent residents of the U.S. are in fact creating growing problems. So the steps reviewed above will allow also these individuals to remain informed on all the developments that may affect their application for green cards.
Conclusion
The process of filing an application for change of status/visa adjustment can be challenging. Having the correct information to determine whether you may be eligible for a change of status/visa adjustment, along with the proper information on what will be needed to complete your application, will make the process easier to manage.
By being aware of the processes and ways of applying for a visa adjustment you can avoid being put down a wrong path. Tracking your application in the Visa Bulletin will let you know when your application is being processed in turn. Here at US visa Law we can assist you through the application for your visa adjustment of status application as a whole. We also offer free initial consultations held at your time of choice and held at a time to suit you.
While completing a visa adjustment of status application is more than just filling out many application forms, we can make your process very manageable. We are available 24/7 to answer any urgent questions you may have regarding any aspect of the US immigration law.
Frequently Asked Questions
What is the first step to determine eligibility for adjustment of status to become a lawful permanent resident?
The first step is to establish whether you have entered the U.S. lawfully, typically with a valid visa in your passport.
What type of immigrant petition is required for adjustment of status?
An approved immigrant petition, such as Form I-130 or Form I-140, must be filed and approved prior to applying for adjustment of status.
How can I check if a visa is available for my immigrant category?
You can check the Department of State’s monthly Visa Bulletin to see if visas are currently available for your immigrant category.
What does admissibility mean in the context of adjustment of status?
Admissibility refers to whether you or your spouse can be legally admitted to the U.S. Grounds of inadmissibility may include prior violations of U.S. law or unlawful employment.
Why is it important to understand the changing immigration policies?
Immigration policies and processes for changing status to lawful permanent resident are constantly evolving, which can affect the approval of applications and immigrant petitions.
What factors can favorably influence the approval of an adjustment of status application?
Favorable factors include having family members who are U.S. citizens or permanent residents, an approved immigrant petition, or being entitled to apply for a visa at a U.S. Consulate abroad.
What is a Request for Evidence (RFE) in the adjustment of status process?
An RFE is a request for additional documentation that may be issued during the highly scrutinized application process for adjustment of status, particularly for Form I-485.
How can understanding the criteria for visa adjustment of status help applicants?
Understanding the criteria can help establish eligibility for permanent residence and guide applicants through the lawful process of becoming a lawful permanent resident and eventually a U.S. citizen.
List of Sources
- Determine Eligibility for Adjustment of Status
- USCIS Issues New Policy Guidance on Adjustment of Status Applications (https://oiss.yale.edu/news/uscis-issues-new-policy-guidance-on-adjustment-of-status-applications)
- USCIS Redefines Adjustment of Status as Discretionary Relief (https://clarkhill.com/news-events/news/uscis-adjustment-status-discretionary-policy-2026)
- USCIS Narrows Adjustment of Status Eligibility to Extraordinary Circumstances (https://envoyglobal.com/news-alert/uscis-narrows-adjustment-of-status-eligibility-to-extraordinary-circumstances)
- Top 5 Things to Know about the New USCIS Adjustment of Status Policy (https://quarles.com/newsroom/publications/top-5-things-to-know-about-the-new-uscis-adjustment-of-status-policy)
- USCIS Announces New Policy Regarding Adjustment of Status (Green Card) Applications (https://fredlaw.com/alert-USCIS-Announces-New-Policy-Regarding-Adjustment-of-Status-Green-Card-Applications)
- Follow the Correct Filing Procedures
- New USCIS Policy 2026: Adjustment of Status (I-485) Changes Explained (https://antoniniandcohen.com/post/new-uscis-policy-limits-adjustment-of-status-what-this-means-for-you)
- USCIS Issues New Policy Guidance on Adjustment of Status Applications (https://oiss.yale.edu/news/uscis-issues-new-policy-guidance-on-adjustment-of-status-applications)
- News Releases (https://uscis.gov/newsroom/news-releases)
- U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances | USCIS (https://uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary)
- May 22, 2026 USCIS Issues New Policy Guidance On Adjustment Of Status (Form I-485) (https://oiss.yale.edu/may-22-2026-uscis-issues-new-policy-guidance-on-adjustment-of-status-form-i-485)
- Compile Required Documentation Effectively
- May 22, 2026 USCIS Issues New Policy Guidance On Adjustment Of Status (Form I-485) (https://oiss.yale.edu/may-22-2026-uscis-issues-new-policy-guidance-on-adjustment-of-status-form-i-485)
- USCIS Redefines Adjustment of Status as Discretionary Relief (https://clarkhill.com/news-events/news/uscis-adjustment-status-discretionary-policy-2026)
- USCIS Policy Guidance on Adjustment of Status - Office of International Education - Division of Enrollment Management - Carnegie Mellon University (https://cmu.edu/oie/news-and-events/2025-2026/may/adjustment-status-policy.html)
- USCIS Adjustment of Status Explained: How the Process... | Vasquez Law Firm (https://vasquezlawnc.com/blog/uscis-adjustment-status)
- U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances | USCIS (https://uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary)
- Monitor Visa Bulletin and Application Status
- The Visa Bulletin Explained: A Guide to Understanding Visa Availability and Retrogression - Capitol Immigration Law Group PLLC (https://cilawgroup.com/news/2023/11/13/the-visa-bulletin-explained-a-guide-to-understanding-visa-availability-and-retrogression)
- New Dashboard Reveals Insights Into USCIS Backlogs and Processing Trends - American Immigration Council (https://americanimmigrationcouncil.org/blog/uscis-backlogs-processing-trends-dashboard)
- All News (https://uscis.gov/newsroom/all-news)
- Immigration and Citizenship Data (https://uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data)
- July 2026 Visa Bulletin - Latest Update (https://boundless.com/blog/visa-bulletin)
