When applying for a green card through adjustment of status, United States Citizenship and Immigration Services (USCIS) sets expectations for the applicant regarding the next steps and decisions. Understanding this timeline is critical for a smooth adjustment of status applications. This article from the immigration lawyers at McBean Law in New York City breaks down what applicants need to know.
LaToya McBean Pompy immigrated to the United States herself. Her experience sparked an interest in helping many families unite in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys, who are here to help you.
What is Adjustment of Status?
Adjustment of status is the process that allows foreign nationals already living in the United States to apply for lawful permanent resident status (a green card) without leaving the country. This contrasts with consular processing, where applicants must return to their home country to complete visa processing at a U.S. consulate abroad. Adjustment of status allows eligible applicants to complete the entire green card application process within the United States.
Eligibility criteria includes: the applicant's status adjustment must have been inspected and admitted or paroled, not have violated their nonimmigrant status, and have an immigrant visa immediately available based on family, employment, refugee/asylee status, or another eligible category. Consult your immigration attorney to determine your eligibility category.
Overview of Adjustment of Status Process
When USCIS receives a Form I-485 application, the agency follows a process for making a decision. This helps improve efficiency and provides expectations to the applicant on the next steps.
Here is an overview of critical milestones:
- Application is received, and a priority date is established
- Biometrics appointment notice is sent
- A case decision should be made, or the applicant should get a notice explaining the delay
Under this framework, applicants can generally expect to know the outcome of their adjustment application within a selected time frame. However, each case is unique, so some applications may take longer if extra review is needed. Understanding the stages in the timeline helps set appropriate expectations. It is best to consult your immigration attorney regarding your unique timeline for an adjustment of status.
Stages of Adjustment of Status
Stage 1: Priority Date
The first key date in the adjustment of the status timeline is the priority date. This is the formal date that USCIS designates as the beginning of the application process upon receiving the adequately filed Form I-485. USCIS formally accepts the application and opens a record in its system at this stage.
Having an established priority date locks in a place in the visa queue for applicants in categories with numerical limits, such as family-based and employment-based green cards. This data can determine eligibility for benefits later in the process. The USCIS should notify you of your priority date.
Stage 2: Biometrics Appointment Notice
The USCIS should schedule the applicant's biometrics appointment through a mailed notice at this stage.
Biometrics collection is a required part of the adjustment of status process and involves having fingerprints and a photo taken at an Application Support Center. As a security measure, USCIS uses biometrics to confirm identity and perform required background checks on all green card applicants.
Obtaining this notice earlier or later is possible, depending on the Application Support Center's capacity. Applicants should schedule and attend their biometrics appointment promptly, which is required for the case to continue.
Stage 3: Case Decision or Delay Notice
The applicants should receive a decision on their case or a notice about an expected delay. There are three possibilities:
Approval - USCIS approves the I-485 application. The applicant can become a lawful permanent resident after taking the oath ceremony.
Denial - USCIS denies the I-485 application. The applicant must stop the green card process but can appeal if there are appropriate grounds.
Notice of Delay - USCIS notes that more processing time is needed for this case. Reasons for delays may include awaiting security checks or resolution of questions found during the review.
Frequently Asked Questions
Applicants for adjustment of status often have many questions about how it impacts their specific cases. Here are answers to common questions from the immigration lawyers at McBean Law:
1. What Should I Do After Filing Form I-485?
After filing, applicants should carefully review any notices from USCIS and attend their biometrics appointment when scheduled. Reaching out to USCIS too frequently in the early stages will not speed up processing. Applicants must wait for the next steps in the timeline.
2. I Have Passed Day 80 But Have Not Reached A Decision. Is This A Bad Sign?
No. Many adjustment applications take 120 days or longer to process, especially if extra security checks are needed. Stay calm if you pass Day 80 with no decision. If you submitted a robust application and USCIS has not denied your case, it will likely progress through processing. Continue waiting patiently during delays.
3. Can I Travel Outside The U.S. Before My I-485 Is Approved?
It depends—those who travel abroad risk being deemed to have “abandoned” their adjustment application. However, applicants can file Form I-131 to request advance parole to travel internationally during adjustment processing. Consulting with your immigration attorney about risks is recommended before planning any trips until you receive your green card.
4. My Priority Date Is “Current.” What Does This Mean?
A “current” priority date means USCIS is now approving green cards for applicants in your specific visa category and country of chargeability with that priority date. If your priority date was previously “not current,” then you can re-file your adjustment application and may now get approved for a green card faster than applicants in backlogged visa categories.
5. What If I Made A Mistake In My Application?
Refrain from covering up any mistakes in documents you have already submitted. Being transparent will help your chances for approval. Instead, gather correct documentation and contact USCIS to amend your application appropriately. Trying to hide mistakes may further delay cases or even lead to investigation or denial.
Choosing an Immigration Attorney
While each adjustment of status application involves unique factors, keep this overall in mind when tracking your case. Understanding the standard stages and milestones will help set reasonable expectations. Contact the experienced immigration lawyers at McBean Law in New York City if you have any other questions or concerns about your case progress.
Although delays are expected, following the adjustment process closely will help you complete this critical milestone on your pathway to lawful permanent residency in the U.S. Our attorneys are experts at supporting clients through every step, from assembling application packets to representing clients in interviews to getting successful approvals. Consider connecting with one of our immigration lawyers in New York today to discuss your immigration situation and goals.
LaToya McBean Pompy immigrated to the United States herself. Her experience sparked an interest in helping many families unite in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys, who are here to help you.
