Adjustment of Immigration Status: Timeline, Fees, and Requirements (2024)

It can be difficult to understand how to adjust one’s immigration status in the United States. There are tons of different laws and policies that change so often that the general public doesn’t keep up with them. Whether you are aiming to become a lawful permanent resident or modify an existing visa status, an adjustment of status lawyer can provide the support you need in 2024.

What Is an Adjustment of Immigration Status?

An adjustment of status refers to the specific procedure that allows certain undocumented immigrants who are already in the United States to apply for permanent residency. Rather than having to return to their home country to complete the visa processing, this enables them to adjust their status while staying in the U.S.

What Is the Timeline for an Adjustment of Status?

There are different factors that will influence how long it takes someone to officially adjust their status. These include:

• The category of sponsorship: There are several categories of sponsorship, such as family-based, employment-based, refugee/asylum, and other special classes. Each has its own criteria and process that can be fast or slow, based on the details of who is applying.
• Country of origin: Some countries have long backlogs due to a high demand, while others don’t have as many requests and can be completed much quicker.
• Availability of visa numbers: There are annual visa number limits imposed by the U.S. government that can affect waiting times. If there is high demand for a specific category, the visa numbers could already be exhausted.

In general, it will take 1-3 months to receive an acknowledgment that your application has been received and reviewed. After this, the next 2-6 months will be spent collecting biometric details, such as fingerprints and photos, to validate your identity. After this, it could take anywhere from 8 to 14 more months to be invited to your interview and then wait for an official decision on your application.

These are the basic timelines to expect in 2024, but they can change based on the specifics of your case. Working with an adjustment of status lawyer can help set your expectations on how long your case will take. They can also help you explore methods that can expedite the process.

What Are the Requirements for an Adjustment of Status?

To be eligible for an adjustment of status, you must be eligible to receive a green card in these areas:

• Family: Anyone who qualifies for a family-based green card has grounds to pursue an adjustment of status. This is when you are a spouse, child, parent, or relative of someone who is already a citizen in the U.S. or holds their own green card.
• Employment: If you are sponsored by your employer and own an employment-based green card, you also qualify for an adjustment of status. This is especially true for anyone who has a temporary work visa that can be extended while the application process is in motion.
• Diversity lottery: The Diversity Immigrant Visa program in the U.S. is administered as a way to boost the diversity of immigrants coming to live within the country. Every year, there are 50,000+ individuals randomly selected from countries that do not send as many immigrants to the U.S. as others do. If you have been selected under this program, you qualify for an adjustment of status as well.

FAQs

Q: How Much Is the Adjustment of Status Fee in 2024?

A: There has been a 35% increase in the adjustment of status fee since the previous year, putting the total cost at $1,540 for most adult applicants. There are scenarios where this fee may be reduced, such as when the applicant is a child under the age of 14 or a senior over the age of 79.

The fee has been known to change annually, and there are other costs associated with this process as well. Consulting with an adjustment of status lawyer can give you access to the most current and accurate fee details. They can also provide support throughout your application.

Q: Why Would an Adjustment of Status Application Be Denied?

A: There are a few different reasons why these types of applications could be denied. First, it may be determined that the individual has not reached all the criteria needed for acceptance. This could include:

• A lack of valid documentation
• A criminal record
• Any reason that is perceived as a risk to national security

Incomplete applications will also be denied, even if just one minor detail is overlooked. To avoid these problems, it’s highly advised that you connect with an attorney who can oversee this entire process on your behalf.

Q: Is an Interview Mandatory for All Adjustment of Status Applicants?

A: Not all applicants for an adjustment of status are required to attend a formal interview. Typically, these types of interviews are only mandated for family-based adjustments or in some employment cases. The purpose of these interviews is to verify the authenticity of an applicant’s relationship or employment claim.

If there is any cause for concern, there may be a reason to dismiss the request. However, the USCIS has full discretion to waive the interview for certain applicants if there is sufficient evidence to grant the request.

Q: Can I Adjust My Status From an F-1 Student Visa to a Green Card?

A: Yes, there are some pathways for F-1 students to request a green card for permanent residency in the United States. For example, one common path is when someone with an F-1 student visa decides to marry a U.S. citizen. This potential also exists when an employer is willing to sponsor a green card in exchange for the individual’s employment.

It’s important to note that F-1 students must be careful to maintain their status until the adjustment request has been officially approved. An immigration lawyer can review the details of your current status to ensure that nothing changes until a final decision has been reached.

Contact U.S. Law Center Today

If you are seeking an adjustment of status in the United States, contact the experienced immigration law attorneys at U.S. Law Center today. Our reputable law firm has been supporting immigrants throughout their entire journey to citizenship, especially when adjustments are needed to their current immigrant status. Allow us to be on your team and secure the support you need to stay in the country.