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Complete Guide to the Adjustment of Status Process

My name is Marina Shepelsky. I’m an immigration attorney in New York and CEO & Founder of Shepelsky Law Group. Our telephone number is (718) 769-6352. We practice immigration law in all 50 states of the United States and the U.S. territories.

What Is the Adjustment of Status Process?

The adjustment of status process allows certain immigrants to become lawful permanent residents (green card holders) without having to return to their home country. If you entered the United States legally with a visa and inspection—even if you overstayed—and you are married to a U.S. citizen, you may be eligible to adjust your status and obtain a green card.

Who Can Use Adjustment of Status?

This process is only available to people who are physically present in the U.S. and who entered legally. If your spouse is a Green Card holder instead of a U.S. citizen, you must currently be in legal status to qualify. Adjustment of status is not available for people who are overseas or who entered without inspection.

What You Need to Start the Process

You will need:

  • Passport and ID
  • Proof of U.S. citizenship for your spouse
  • I-94 arrival record
  • Birth and divorce certificates
  • Social security card
  • Any prior immigration paperwork

The immigrant spouse must also complete a medical exam with a civil surgeon.

USCIS Filing Fees (As of April 1, 2024)

The updated government filing fees for the adjustment of status process are:

These fees must be paid when submitting your application to USCIS.

Affidavit of Support Requirement

The U.S. citizen spouse must act as the sponsor, even if the immigrant spouse has high income. If the sponsor’s income is insufficient, a joint sponsor may be added. Sponsors must provide:

  • Federal tax returns (last 3 years)
  • W-2s, 1099s, and pay stubs
  • Proof of legal status in the U.S. (green card or passport)

Preparing and Filing the Paperwork

We prepare all biographical forms, supporting documents, and applications for:

  • Family petition
  • Work permit
  • Advance parole
  • Affidavit of support

You will sign everything before it’s sent to USCIS. Passport photos and correct fees are required.

After Filing: Biometrics and Interview

After filing, USCIS sends Receipt Notices. Then comes a biometrics appointment for fingerprints. Interview wait time varies by location (in NYC, 2–7 months). At the interview, a USCIS officer will evaluate:

  1. The validity of your marriage
  2. The immigrant spouse’s eligibility for a green card

What Happens at the Interview

You’ll be asked about your relationship and personal history. Evidence like joint bills, bank accounts, photos with family/friends, and proof of cohabitation is critical. If there’s a criminal record, you must bring original court documents.

If there are past legal issues, prior immigration denials, or complex histories, we strongly recommend having a lawyer at the interview. It’s common and does not look bad to bring an attorney. At Shepelsky Law Group, we help clients prepare and attend the interview.

Final Tips for a Successful Adjustment of Status Process

  • Bring all originals and one set of copies to the interview
  • Request an interpreter if needed (depending on your local USCIS office rules)
  • Continue generating joint documents and evidence of a shared life
  • Be honest with your attorney about your past

We welcome all adjustment of status cases. If you have questions or need legal support, call Shepelsky Law Group at (718) 769-6352 or visit www.ShepelskyLaw.com. Let us help you successfully complete your adjustment of status process.