Applying for a green card while remaining in the United States requires careful preparation of the I-485 application, concurrent filings for work authorization and travel documents, biometrics compliance, and thorough interview preparation. Our attorneys in Albany and the Capital District guide families through every phase of the adjustment process with precision and care.
Adjustment of status is the process by which an eligible individual who is physically present in the United States applies for lawful permanent resident status — a green card — without having to leave the country for consular processing abroad. At Mandi Law Group in Albany, our immigration attorneys help families throughout the Capital District navigate every phase of the I-485 adjustment process, from initial eligibility assessment through the final USCIS interview and approval.
The adjustment process begins with determining whether the applicant is eligible to adjust status within the United States. Generally, the applicant must have been inspected and admitted or paroled into the country, must be the beneficiary of an approved (or concurrently filed) immigrant visa petition, and must have an immediately available immigrant visa number. Immediate relatives of U.S. citizens — spouses, parents, and unmarried children under 21 — benefit from always-available visa numbers, making concurrent filing of the I-130 petition and I-485 application a powerful strategy.
One of the significant advantages of adjustment of status is the ability to file concurrently for employment authorization (Form I-765) and a travel document known as Advance Parole (Form I-131). These concurrent filings allow the applicant to work lawfully in the United States and travel internationally while the green card application is pending — providing critical stability for families during what can be a lengthy processing period. Our attorneys ensure all concurrent filings are submitted correctly and tracked through processing.
After USCIS accepts the I-485 filing, the applicant is scheduled for a biometrics appointment to provide fingerprints, photographs, and a signature. In most family-based cases, USCIS subsequently schedules an in-person adjustment interview at the local field office. For clients in the Albany and Capital District area, interviews are typically conducted at the USCIS Albany Field Office. Our attorneys attend every interview alongside our clients, ensuring they are thoroughly prepared and represented throughout the proceeding. Upon approval, the applicant receives lawful permanent resident status and a green card.
If you are physically present in the United States and have an approved or concurrently filed immigrant visa petition, you may be eligible to adjust your status to permanent residence without leaving the country. Concurrent filing with work and travel authorization applications allows you to maintain stability while your case is processed. Contact our office to assess your eligibility and begin planning.
(518) 698-0347Our adjustment of status practice covers every stage of the I-485 process — from eligibility assessment and concurrent filings through biometrics and the final USCIS interview. Each case receives personalized attention and thorough preparation.
Form I-485, Application to Register Permanent Residence or Adjust Status, is the central filing in the adjustment of status process. This application allows eligible individuals who are physically present in the United States to apply for lawful permanent resident status without leaving the country. Our attorneys prepare comprehensive I-485 packages that include the properly completed application form, all required supporting documentation, evidence of eligibility for the underlying immigrant visa category, civil documents such as birth certificates and police clearances, financial evidence including Form I-864 Affidavit of Support, and medical examination results on Form I-693. Every filing is reviewed thoroughly to ensure accuracy and completeness before submission to USCIS.
While the I-485 adjustment of status application is pending, applicants may file Form I-765, Application for Employment Authorization Document (EAD), to obtain work authorization in the United States. The EAD allows adjustment applicants to work lawfully for any U.S. employer while their green card application is being processed. When filed concurrently with the I-485, there is no separate filing fee for the I-765. Our attorneys ensure that the I-765 is filed correctly alongside the I-485, advise clients on expected processing times, and assist with EAD renewal applications if the adjustment process extends beyond the initial EAD validity period. Having employment authorization provides critical financial stability for families during the often lengthy adjustment process.
Applicants with a pending I-485 who need to travel internationally must obtain an Advance Parole document by filing Form I-131, Application for Travel Document, before departing the United States. Traveling abroad without Advance Parole while an adjustment application is pending can result in the I-485 being deemed abandoned, effectively terminating the green card process. Our attorneys file the I-131 concurrently with the I-485 to ensure clients have the ability to travel if needed during processing. We advise clients on the risks associated with international travel during the adjustment process, including potential issues at ports of entry upon return, and help clients understand when travel is advisable and when it should be avoided.
In most family-based adjustment of status cases, USCIS schedules an in-person interview at the local field office. For applicants in the Albany and Capital District area, interviews are typically conducted at the USCIS Albany Field Office. The interview is a critical stage where the adjudicating officer reviews the application, verifies the applicant's identity, confirms eligibility, and — in marriage-based cases — evaluates the bona fide nature of the marital relationship. Our attorneys prepare clients thoroughly for the interview by conducting mock interviews, reviewing likely questions, organizing all required original documents, and advising on what to expect on the day of the interview. We attend the interview alongside our clients to provide legal representation and address any issues that arise during the proceeding.
Understanding each stage of the adjustment process helps you plan effectively and maintain compliance throughout. Here is what to expect from eligibility assessment to green card approval.
Our attorneys conduct a thorough review of your immigration history, current status, and the underlying immigrant visa petition to determine your eligibility for adjustment of status. We assess whether you are eligible to adjust under INA Section 245(a) or whether special provisions such as INA Section 245(i) apply. We identify any potential bars to adjustment — including unlawful presence, unauthorized employment, or prior immigration violations — and advise on available solutions or waivers before proceeding with the filing.
We compile and prepare the complete adjustment of status package, including Form I-485, Form I-765 for employment authorization, Form I-131 for Advance Parole, Form I-864 Affidavit of Support with financial documentation, Form I-693 medical examination report, civil documents such as birth certificates and marriage certificates, passport photographs, and evidence of the bona fide relationship in marriage-based cases. Every document is reviewed for accuracy, and translations are arranged for any foreign-language documents.
We file the complete adjustment package with the appropriate USCIS service center and monitor receipt and acceptance of all forms. After USCIS accepts the filing, the applicant receives a biometrics appointment notice scheduling fingerprinting, photograph, and signature collection at a local USCIS Application Support Center. Our attorneys ensure clients understand the biometrics requirements, attend the appointment on time, and follow up with USCIS if there are any delays in scheduling or processing after the biometrics are completed.
USCIS schedules an in-person adjustment interview at the local field office. Our attorneys attend the interview with the applicant, present supporting evidence, and respond to any questions or concerns raised by the adjudicating officer. If the officer issues a Request for Evidence (RFE), we prepare a comprehensive response within the required timeframe. Upon approval, the applicant receives lawful permanent resident status and a green card. If the marriage was less than two years old at approval, conditional residence is granted, and Form I-751 must be filed later to remove conditions.
Securing Permanent Residence Without Leaving Home
Dedicated adjustment of status advocacy from application to green card approval
The adjustment of status process involves important eligibility requirements, travel restrictions, and timing considerations that can significantly affect the outcome of your case. Understanding these factors helps applicants maintain compliance and avoid common pitfalls.
To be eligible for adjustment of status under INA Section 245(a), applicants generally must have been inspected and admitted or paroled into the United States and must be in a lawful immigration status at the time of filing. Falling out of status before filing the I-485 can create eligibility issues. However, certain immediate relatives of U.S. citizens may be exempt from the status maintenance requirement under INA Section 245(c) exemptions. Our attorneys evaluate each client's specific situation to determine whether status maintenance is an issue and advise on the best timing for filing to protect eligibility.
Traveling outside the United States while an I-485 application is pending carries significant risks. Without an approved Advance Parole document, departing the U.S. is generally treated as an abandonment of the pending adjustment application. Even with Advance Parole, certain applicants — particularly those with prior unlawful presence — may trigger inadmissibility bars upon departure that could prevent re-entry. Our attorneys provide detailed counseling on the risks of international travel during the adjustment process and recommend whether travel is advisable in each specific case.
The Employment Authorization Document (EAD) issued based on a pending I-485 is typically valid for two years. However, processing times for both the initial EAD and renewals can vary significantly depending on the USCIS service center workload. Gaps in work authorization can occur if a renewal application is not filed in time or if processing exceeds the validity period of the current EAD. Our attorneys help clients plan ahead by filing renewal applications well in advance, tracking processing times, and exploring interim solutions — including automatic extensions — to minimize or eliminate gaps in employment authorization.
Changes in circumstances during the adjustment process — such as divorce, separation, the death of the petitioning spouse, or changes in employment for employment-based cases — can have significant consequences for the pending I-485 application. In some situations, the adjustment application may need to be amended or a new basis of eligibility established. Provisions such as VAWA self-petitioning or widow/widower status may provide alternative pathways in certain cases. Our attorneys advise clients promptly when circumstances change and take appropriate action to protect the pending application wherever possible.
Answers to some of the most frequently asked questions about the I-485 adjustment of status process. Every situation is unique — consult with our attorneys for guidance specific to your case.
Adjustment of status is the process by which an eligible individual who is physically present in the United States applies for lawful permanent resident status (a green card) without having to leave the country for consular processing abroad. To be eligible, the applicant generally must have been inspected and admitted or paroled into the United States, must be the beneficiary of an approved immigrant visa petition (or file concurrently with one in certain categories), must have an immediately available immigrant visa number, and must not be subject to any bars to adjustment. Immediate relatives of U.S. citizens — including spouses, parents, and unmarried children under 21 — have the most straightforward path to adjustment because visa numbers are always immediately available for this category.
Processing times for adjustment of status vary significantly depending on the USCIS field office handling the case, the basis of the adjustment (family-based, employment-based, etc.), and the overall USCIS workload. As a general range, family-based adjustment of status cases currently take approximately 8 to 24 months from filing to final decision. Marriage-based cases involving U.S. citizen spouses may process more quickly than preference category cases, which may be subject to visa bulletin backlogs. Our attorneys provide estimated timelines based on current processing data for the applicable field office and category.
Yes. Applicants with a pending I-485 may apply for an Employment Authorization Document (EAD) by filing Form I-765. When filed concurrently with the I-485, there is no additional filing fee for the I-765. Once the EAD is approved, the applicant may work for any U.S. employer. The initial EAD is typically valid for two years, and renewal applications should be filed well before expiration to avoid gaps in work authorization. Under current regulations, applicants who timely file EAD renewal applications may receive automatic extensions of their existing work authorization while the renewal is pending.
You may travel internationally while your I-485 is pending, but only if you have an approved Advance Parole document (obtained by filing Form I-131) or hold a valid H-1B, L-1, or certain other nonimmigrant visa statuses that allow travel without Advance Parole. Departing the United States without Advance Parole while an I-485 is pending is generally treated as an abandonment of the adjustment application. Even with Advance Parole, travel may trigger inadmissibility bars for applicants with certain immigration history. Our attorneys advise on the specific risks of travel for each client's situation.
At the adjustment interview, a USCIS officer reviews the I-485 application and supporting documentation, verifies the applicant's identity (through biographic and biometric checks), confirms eligibility for the requested benefit, and — in marriage-based cases — questions the couple about their relationship to assess its bona fide nature. The officer may ask about how the couple met, their living arrangements, financial matters, and daily life together. Our attorneys attend the interview with clients, help present organized documentation, and address any legal issues or concerns raised by the officer during the proceeding.
Concurrent filing allows eligible applicants to file Form I-485 (Adjustment of Status) at the same time as the underlying immigrant visa petition (such as Form I-130 for family-based cases), rather than waiting for the petition to be approved first. This is available when an immigrant visa number is immediately available at the time of filing. Concurrent filing can significantly reduce overall processing time and allows the applicant to simultaneously file Form I-765 for work authorization and Form I-131 for travel authorization. This means the applicant can obtain work and travel documents much sooner than if they waited for the petition to be approved before filing the I-485.
Adjustment of status and consular processing are two different pathways to obtaining a green card. Adjustment of status (I-485) is filed within the United States and allows the applicant to remain in the country throughout the process, with the ability to obtain work and travel authorization while the application is pending. Consular processing requires the applicant to attend an immigrant visa interview at a U.S. consulate or embassy abroad. The right pathway depends on the applicant's current immigration status, physical location, immigration history, and personal circumstances. Our attorneys evaluate both options and recommend the pathway that best serves each client's situation.
If you are adjusting status based on a marriage to a U.S. citizen and the marriage is less than two years old at the time your I-485 is approved, you will receive conditional permanent residence, valid for two years. Before the conditional residence expires, you and your spouse must jointly file Form I-751, Petition to Remove Conditions on Residence, to obtain full (10-year) permanent residence. If the marriage is more than two years old at the time of I-485 approval, you will receive full permanent residence directly. For non-marriage-based adjustment categories, permanent residence is granted without conditions upon approval.
Our family immigration practice covers the full range of pathways for reuniting families in the United States.
Whether you are just beginning to explore adjustment of status or are ready to file your I-485 application, our experienced immigration attorneys in Albany are here to guide you through every step. Every consultation is confidential, and there is no obligation.