Apply for a U.S. Green Card without leaving the country. Attorney Shair prepares a complete I-485 package — including concurrent EAD and Advance Parole — and represents you at every stage.
Adjustment of Status is the process by which a foreign national who is already physically present in the United States applies for lawful permanent residence (a Green Card) without having to depart for consular processing abroad. It is governed by INA § 245 and processed by U.S. Citizenship and Immigration Services (USCIS) through Form I-485 (Application to Register Permanent Residence or Adjust Status).
Adjustment of Status is generally available to individuals who are in the U.S. in a valid immigration status, have an immediately available immigrant visa number, and are not subject to any bars to adjustment. Key advantages over consular processing include the ability to remain in the U.S. throughout the process, concurrent filing of work authorization (I-765) and travel documents (I-131), and AC21 portability rights for employment-based applicants.
"Filing I-485 is one of the most consequential immigration actions a person can take. Attorney Shair reviews every aspect of your history — entries, departures, prior violations, criminal records — to ensure your application is complete, accurate, and protected against denial."
Adjustment of Status (I-485) allows you to obtain a Green Card without leaving the United States. Consular Processing requires you to depart the U.S. and attend an immigrant visa interview at a U.S. embassy or consulate abroad. AOS is generally preferable for those already in the U.S. with valid status, as it avoids potential inadmissibility bars triggered by departure and allows for concurrent EAD/AP filing. Attorney Shair will advise on the best route for your specific situation.
Visa overstays generally do not bar adjustment of status for Immediate Relatives of U.S. citizens or employment-based applicants. However, entering without inspection (EWI) is a separate inadmissibility ground that may require a waiver or preclude adjustment entirely for non-immediate relatives. Some individuals who entered without inspection and are Immediate Relatives of U.S. citizens may still be eligible under INA § 245(i). Attorney Shair will evaluate your specific entry history carefully before advising.
Once you have properly filed Form I-485 and it has been accepted by USCIS, your application remains pending even if the Visa Bulletin priority date retrogresses (moves backward) after filing. You retain your place in line and will receive a decision when a visa number becomes available again. The key is filing when your priority date is current — which is why Attorney Shair monitors the Visa Bulletin closely on your behalf.
Under the American Competitiveness in the 21st Century Act (AC21), if your employment-based I-485 has been pending for 180 days or more and your underlying I-140 was approved, you may change employers or job positions to a same or similar occupational classification without losing your adjustment application. Attorney Shair advises employment-based clients on AC21 portability to ensure they can accept new opportunities without jeopardizing their Green Card.
Adjustment of Status applications involve extensive documentation, strict admissibility requirements, and complex interactions between multiple forms and fees. A single inadmissibility ground — even one from years ago — can result in denial if not properly addressed. Attorney Shair reviews your complete immigration and criminal history before filing, prepares a comprehensive package that addresses potential issues proactively, and represents you at any USCIS interview.
Attorney Shair personally prepares your complete I-485 package — free consultation, no obligation.