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Adjustment of Status
If you are already in the United States and want to apply for a Green Card without returning to your home country, the Adjustment of Status (AOS) process allows you to do so. This process lets eligible individuals stay in the U.S. while their application is being reviewed, eliminating the need for consular processing abroad. Understanding the requirements and necessary steps is crucial to ensuring a smooth transition to permanent residency. Let us help you navigate this process with confidence.
Afraid to start the immigration process?
You Deserve to Stay With Your Family—Let Us Help You Adjust Your Status Safely
THE FEAR ISN’T JUST ABOUT YOU—IT’S ABOUT YOUR FAMILY
You stay quiet because you’re afraid.
Afraid that if you talk to someone, you’ll get caught.
Afraid your children will wake up one day and you’re not there.
Afraid your wife will have to raise them alone.
This fear affects everything:
•You don’t sleep well.
•You don’t go out unless you have to.
•You avoid school events, family trips, even hospital visits—just in case.
Every day, this fear chips away at your peace of mind. And you wonder if anything can ever change.
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Adjustment of Status
What Is Adjustment of Status?
Adjustment of Status is the legal process that allows certain immigrants to apply for a green card (lawful permanent residency) from inside the United States, without having to leave the country.
If you qualify, it means you can:
Stay with your family in Texas
Avoid risky trips to a U.S. consulate abroad
Apply for work authorization while your green card is pending
Move forward toward permanent residency and eventually citizenship
It’s one of the most powerful tools for families who want to stay together — legally.
Adjustment of Status
Requirements for Adjustment of Status
To qualify for AOS, you must be eligible for a Green Card through one of the following categories:
- Family-Based Eligibility: If you are the spouse, child, parent, or close relative of a U.S. citizen or Green Card holder, you may qualify for family-sponsored adjustment.
- Employment-Based Eligibility: If you have a U.S. employer willing to sponsor you, or if you qualify based on extraordinary abilities, skills, or national interest waivers, you may adjust your status through employment.
- Other Eligibility Categories: Individuals may also qualify through humanitarian programs, asylum status, the Diversity Visa Lottery, or other special provisions.
You must have entered the U.S. legally using a valid visa or the Visa Waiver Program for your most recent entry. Most applicants must be in lawful status when applying for AOS, even if their visa expires later.
Adjustment of Status
Adjustment of Status Through Marriage
If you are married to a U.S. citizen, you may qualify for a marriage-based Green Card through the Adjustment of Status process. However, your marriage must be legitimate and based on a genuine relationship, not for immigration benefits.
- Key requirements for AOS through marriage:
The U.S. citizen spouse must file a petition on behalf of their foreign-born spouse. - The applicant must be admissible under immigration law and not have any grounds for denial.
- Financial sponsorship is required—the U.S. citizen spouse must prove they can financially support their partner by meeting income requirements and providing documents such as tax returns and pay stubs.
If the spouse is applying from outside the U.S., they must go through Consular Processing and attend an interview at a U.S. consulate before obtaining a visa. If approved, a stamp will be placed in their passport as proof of lawful entry.
Navigating the marriage-based Green Card process can be complex, but we are here to guide you every step of the way.
Adjustment of status
If you’re undocumented and living in the U.S. with a spouse or children who are citizens, you’ve probably asked yourself:
“Can I apply for a green card without being deported?”
“Do I have to leave the U.S. to fix my papers?”
“What happens if I try and I get denied?”
You’re not alone — and there are legal options that can help. One of the safest, most family-centered paths is called Adjustment of Status.
Why Choose Gilda McDowell?
Meet Gilda McDowell, a distinguished immigration attorney committed to serving the diverse needs of Lubbock, TX, and its vibrant community. With a passion for helping individuals and families navigate the complexities of immigration law, Gilda McDowell brings a wealth of experience and expertise to every case she handles. Her deep understanding of the intricacies surrounding immigration matters, including green card applications, family-based and employment-based immigration, citizenship, adjustment of status, and fiancé visas, makes her an invaluable resource for those seeking reliable legal counsel. Gilda’s personalized approach, attention to detail, and unwavering dedication to her clients’ well-being have solidified her reputation as a trusted advocate in Lubbock. Whether you’re pursuing a dream of U.S. citizenship, reuniting with loved ones, or exploring employment opportunities, Gilda McDowell is your ally in turning your immigration aspirations into reality.
Services
Comprehensive Immigration Services in Lubbock, TX
Gilda McDowell immigration lawyer Lubbock, TX specializes in a comprehensive array of immigration services tailored to meet diverse needs, with a distinct focus on family-based immigration. From facilitating visa applications to providing resolute deportation defense, her extensive expertise encompasses a broad spectrum of immigration matters. She excels in skillfully navigating clients through the intricate web of paperwork, vital deadlines, and complex legal prerequisites, effectively easing the burdens typically associated with these proceedings. A committed champion, Gilda McDowell tenaciously strives to secure favorable outcomes for her clients, particularly in the realm of family-based immigration.
Immigration Services in Lubbock
Lubbock's Top Choice for Immigration Representation
Gilda McDowell’s dedication to exceptional service and her standing as a premier immigration attorney in Lubbock, Texas, have established her as a trusted figure within the community. With a profound affinity for the region, she possesses a comprehensive grasp of its distinctive intricacies, both in terms of challenges and prospects. An engaged participant in the legal sphere, Gilda McDowell remains consistently informed about the most recent developments in immigration law, guaranteeing her clients access to precise and timely guidance.
If you’re in need of an “abogado de inmigración en Lubbock, Texas,” Gilda McDowell is here to provide the expert legal representation you deserve. With a strong focus on your needs and a commitment to achieving your immigration goals, she is dedicated to making the legal process as smooth as possible for you. Contact Gilda McDowell today to schedule a consultation and take the first step towards a brighter immigration future.
Fix Your Immigration status!
It makes a difference when you get the help you need from someone who not only understands the process, but who understands you and your unique situation. As a proud immigrant myself, I know exactly how you feel because I have personally gone through the whole immigration process.
See what my clients have to say:
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Frequently Asked Questions
What is Adjustment of Status (AOS)?
Adjustment of Status is the process that allows eligible individuals already in the U.S. to apply for lawful permanent resident status (Green Card) without returning to their home country for visa processing. This is typically done by filing Form I-485 with USCIS.
Who is eligible to apply for Adjustment of Status?
Eligibility criteria include:
Being physically present in the U.S.
Having entered the U.S. legally (with some exceptions).
Having an approved immigrant petition (e.g., Form I-130 or I-140).
Having an available visa number (if applicable).
It’s essential to consult with an immigration attorney to assess individual eligibility.
What forms and documents are required for AOS?
Key forms and documents include:
- Form I-485: Application to Register Permanent Residence or Adjust Status.
Form I-864: Affidavit of Support (for family-based applications).
Form I-693: Report of Medical Examination and Vaccination Record.
Form I-765: Application for Employment Authorization (optional).
Form I-131: Application for Travel Document (optional).
Additional supporting documents, such as birth certificates, passports, and proof of lawful entry, are also required.
Can I travel outside the U.S. while my AOS application is pending?
Traveling outside the U.S. without proper authorization can result in the abandonment of your AOS application. To travel, you must obtain Advance Parole by filing Form I-131 and receiving approval before departure. Exceptions apply for certain visa holders (e.g., H-1B, L-1) who maintain their status.
What happens if my AOS application is denied?
If USCIS denies your AOS application, they will provide a written explanation. Depending on the reason, you may:
File a motion to reopen or reconsider the decision.
Appeal the decision (if applicable).
Explore alternative immigration options.
Consulting with an immigration attorney is crucial to determine the best course of action.
Immigration Law Office in Lubbock, TX