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Pursue Permanent Residency Without Leaving the U.S. — Legal, Strategic Support for Adjustment of Status Petitions

At Sharma Law Associates, LLC, we help individuals lawfully in the United States apply for permanent residency through Adjustment of Status (AOS). This process allows certain foreign nationals to “adjust” from a temporary visa to lawful permanent resident (green card) status without having to leave the U.S.

Our experienced New York immigration attorneys understand the procedural complexities and legal nuances of AOS petitions. Whether your case involves a family-based, employment-based, or humanitarian immigration pathway, we guide you through the process with accuracy, transparency, and a strategic focus on long-term immigration stability.

To learn more about your legal options, contact us today at 646-760-6339, online, or schedule a personalized consultation on our calendar.

Two individuals at a desk, one signing a legal document under a small American flag, symbolizing the immigration process of adjustment of status and the expertise of an immigration attorney in New York.


What Is Adjustment of Status and Who Is Eligible?

Adjustment of Status is applying for a green card from within the United States. It allows eligible applicants to stay in the U.S. while U.S. Citizenship and Immigration Services (USCIS) processes their permanent residency application. This is an alternative to consular processing, which requires applicants to attend an immigrant visa interview abroad.

To qualify for Adjustment of Status, applicants must generally meet the following criteria:

  • Be physically present in the U.S.

  • Have entered the U.S. lawfully, through inspection at a port of entry.

  • Have an approved immigrant petition, such as Form I-130 or I-140.

  • Have an immigrant visa number immediately available, based on preference category and priority date.

  • Not be barred due to unlawful presence, misrepresentation, or other grounds of inadmissibility

Certain applicants, including immediate relatives of U.S. citizens, benefit from more flexible rules that may waive past overstays or unauthorized work. Others, such as employment-based green card applicants, must maintain nonimmigrant status and avoid violations before applying. At Sharma Law Associates, LLC, we evaluate your eligibility and help identify the best possible path forward.

What Is the Process for Adjustment of Status?

Applying for Adjustment of Status involves several forms, supporting documents, and interactions with USCIS. Even a minor oversight can delay or derail the process. Our firm provides step-by-step guidance to ensure your application is thorough, accurate, and timely.

Step 1: Confirm Eligibility and Petition Status

You must have an approved immigrant petition—typically Form I-130 (family-based) or Form I-140 (employment-based)—or be eligible to file concurrently. Immediate relatives of U.S. citizens can often file Form I-485 and Form I-130 together.

Step 2: File Form I-485, Application to Register Permanent Residence or Adjust Status

This is the core form for your green card application. It must be supported by identity documents, medical exams, evidence of lawful entry, and proof of eligibility.

You may also file additional forms for:

  • Work authorization (Form I-765).

  • Advance parole (Form I-131).

  • Affidavit of support (Form I-864), if family-sponsored.

Step 3: Attend the Biometrics Appointment

USCIS will schedule a fingerprinting and background check appointment at a local Application Support Center (ASC).

Step 4: Prepare for and Attend the Interview

In most cases, USCIS will require an in-person interview. Our New York immigration attorneys prepare you thoroughly for this step to help ensure a smooth and successful experience.

Step 5: Receive a Decision

If USCIS approves your application, you will receive your green card by mail and become a lawful permanent resident.

How Long Does Adjustment of Status Take?

Processing times for Adjustment of Status vary based on USCIS workload, your immigration category, and whether your petition is family-based, employment-based, or otherwise.

On average:

  • Immediate relatives of U.S. citizens may receive green cards within 8–14 months.

  • Preference-based applicants may wait longer, depending on visa availability.

USCIS backlogs, requests for evidence (RFEs), and interview delays can extend timelines. At Sharma Law Associates, LLC, we monitor your case progress and work proactively to avoid unnecessary delays.

What Are Common Issues in Adjustment of Status Cases?

While Adjustment of Status is a powerful pathway to permanent residency, it also presents risks if not handled properly.

Common issues include:

  • Unlawful entry or visa overstay.

  • Working without authorization.

  • Inconsistent or missing documentation.

  • Grounds of inadmissibility due to past immigration violations or criminal history.

  • Errors on Form I-485 or related forms.

Our New York immigration attorneys at Sharma Law Associates, LLC, anticipate these challenges and take preventive steps to ensure your case proceeds smoothly. We also represent clients responding to RFEs and navigating complex waivers if needed.

When Is Consular Processing a Better Option?

Not every applicant is eligible for Adjustment of Status. Consular processing may be required if you are outside the U.S. or entered the country unlawfully and do not qualify for an exception. In these cases, we provide comprehensive support to prepare you for a successful visa interview abroad and reentry.

If you’re unsure whether to pursue Adjustment of Status or consular processing, Sharma Law Associates, LLC can help you make an informed decision based on your immigration history, family situation, and future goals.

Why Hire a New York Adjustment of Status Lawyer?

Adjustment of Status is one of the most technical and detail-driven aspects of immigration law. A misstep can lead to delays, denials, or removal proceedings.

Our experienced immigration attorneys at Sharma Law Associates, LLC offer:

  • Careful eligibility assessments and strategic planning.

  • Complete and accurate preparation of Form I-485 and related applications.

  • Detailed interview preparation and legal representation.

  • Responses to RFEs and advocacy for complex or delayed cases.

  • Ongoing communication with USCIS on your behalf.

Our firm is committed to delivering thoughtful, personalized service at every step of your journey to permanent residency.

Immigration Law Practice Areas We Also Serve

Speak With a New York Adjustment of Status Attorney Today

If you are ready to take the next step toward permanent residency, Sharma Law Associates, LLC will guide you. We are proud to help clients throughout New York and across the country apply for green cards without having to leave the U.S.

Call us at 646-760-6339, contact us online, or schedule a personalized consultation today.

Frequently Asked Questions for New York Adjustment of Status

  • Travel is not permitted unless you first receive advance parole. Leaving without advance parole is treated as abandoning the application, even if you plan to return within a short time. Our attorneys help clients apply for advance parole early so international travel does not jeopardize the green card process. In very limited circumstances, it is not considered abandoned if you are maintaining a nonimmigrant status in a dual intent visa such as H or L.

  • Once a properly filed I-485 is pending, most applicants are considered to be in a period of authorized stay. However, this does not cure previous violations or protect applicants who were never eligible for AOS to begin with. We review your immigration history to confirm whether an expired visa will affect your case.

  • In certain situations, yes. Portability rules allow applicants to change employers if the new job is in the same or a similar occupational classification and specific conditions are met. Because job changes can impact eligibility, we evaluate each client’s situation before they accept new employment.

  • The Form I-693 medical exam is valid for a limited period, and USCIS may require a new exam if yours expires before adjudication. Submitting the medical exam on time is essential to avoid rejection of the case. Our firm advises clients on the best timing for their medical submission, currently USCIS requires to submit the I-693 in a sealed envelope as initial evidence along with the I-485 filing..

  • Errors should be corrected as soon as possible. Depending on the issue, USCIS may allow corrections at the interview, accept written updates, or request clarification through an RFE. Timely action prevents misunderstandings that could affect eligibility or credibility. Our attorneys guide clients on the appropriate correction method.

  • USCIS may verify information if there are questions about your work history, immigration compliance, or eligibility category. This is uncommon in routine cases, but applicants should ensure all details are accurate before filing. We help clients prepare clean, consistent evidence that reduces the likelihood of outside verification.

  • Changes such as new addresses, employment updates, marital status adjustments, or new dependents must be reported promptly. Failing to update USCIS can cause discrepancies that delay approval. Our firm assists families with submitting updates correctly, so the record remains accurate throughout the process.

  • If your application is filed correctly and continues to move through the system, you may remain in the United States while it is pending. However, lengthy delays may require the renewal of work permits or travel documents. We monitor each client’s timeline closely and help maintain valid employment and travel authorization during extended processing periods.