Need to Adjust Your Immigration Status?

If you’re already in the U.S., adjustment of status is your path to becoming a lawful permanent resident without leaving the country.

But one mistake on your application—or missing a crucial document—can lead to delays, denials, or even removal proceedings in some cases.

From determining eligibility to preparing for interviews, having an experienced immigration attorney guide you through each step can help you secure your future in America without unnecessary complications.

Your future in America shouldn’t hang in the balance because of confusing paperwork or complex immigration laws. If you’re seeking to adjust your status to become a lawful permanent resident, you need an experienced guide who understands both the legal process and the personal journey you’re on.

At Holden Law Firm, Attorney Giovanna Holden brings her personal immigration experience and legal experience to help you secure your place in America. As an immigrant herself, she understands firsthand the challenges, hopes, and dreams that come with building a new life in the United States.

What is Adjustment of Status?

Adjustment of Status (AOS) is the process of changing from a temporary immigration status (or no status) to permanent residency (green card) while remaining within the United States. Unlike consular processing, which requires you to leave the country, adjustment of status allows you to complete the entire green card process without departing the U.S.

Under U.S. immigration law (INA §245 / 8 U.S.C. §1255), you may be eligible to adjust your status if you:

  • Were inspected and admitted or paroled into the United States
  • Are eligible to receive an immigrant visa
  • Have an immigrant visa immediately available at the time of filing
  • Are admissible to the United States

Are You Eligible for Adjustment of Status?

Many immigrants qualify for adjustment of status through different pathways, including:

Family-Based

If you’re the spouse, child, or parent of a U.S. citizen, or the family member of a lawful permanent resident, you may qualify for adjustment of status through family ties.

Employment-Based

Skilled workers, professionals, and those with extraordinary abilities can adjust status through employer sponsorship or based on their exceptional qualifications.

Humanitarian Programs

Refugees, asylees, victims of crimes (U visa holders), victims of trafficking (T visa holders), and those with VAWA self-petitions may qualify to adjust their status.

Special Programs

Various special programs allow adjustment of status for certain nationalities or situations, including the Diversity Visa Lottery winners who are already in the U.S.

Not sure if you qualify? The eligibility requirements for adjustment of status can be complex. Schedule a consultation with Attorney Giovanna Holden to evaluate your specific situation.

Overcoming Adjustment of Status Challenges

Many adjustment of status applications face challenges that can seem overwhelming without proper legal guidance:

Entry Without Inspection Issues

If you entered without inspection, you may still have options. The Supreme Court case Sanchez v. Mayorkas (2021) clarified certain limitations, but alternatives remain for many applicants, including those eligible under INA §245(i) or who qualify for parole in place.

Maintaining Lawful Status

Gaps in status or unauthorized employment can create complications, but waivers and exceptions may be available depending on your situation and family ties.

Inadmissibility Grounds

Criminal records, immigration violations, or health issues might trigger inadmissibility grounds, but many can be overcome with proper waivers and legal strategy.

Complex Documentation Requirements

Gathering and correctly presenting the substantial documentation required for adjustment of status applications can be daunting without experienced guidance.

The Adjustment of Status Process in Georgia

When you work with Holden Law Firm on your adjustment of status case, we guide you through every step:

  1. Comprehensive Case EvaluationWe thoroughly analyze your immigration history, entry method, current status, and any potential issues to develop the most effective strategy.
  2. Application PreparationWe meticulously prepare Form I-485 (Application to Register Permanent Residence or Adjust Status) and all supporting documentation to create a compelling application package.
  3. Concurrent FilingsWhen applicable, we prepare and file additional forms simultaneously, including Form I-130 (Petition for Alien Relative), Form I-765 (Employment Authorization), and Form I-131 (Advance Parole).
  4. Biometrics AppointmentWe prepare you for your biometrics appointment where USCIS will collect your fingerprints, photograph, and signature for background checks.
  5. Interview PreparationWe thoroughly prepare you for your adjustment of status interview at the Atlanta USCIS field office, conducting mock interviews and reviewing potential questions.
  6. Post-Decision SupportIf your case is approved, we ensure you understand your new rights and responsibilities. If challenges arise, we develop appropriate response strategies.

Current Adjustment of Status Timeline in Georgia

While processing times vary based on case complexity and USCIS workload, adjustment of status cases in Georgia currently follow these approximate timelines:

  • 1-4 weeks: Receipt notices after filing
  • 3-6 weeks: Biometrics appointment scheduling
  • 3-5 months: Employment Authorization Document (EAD) and Advance Parole approval
  • 8-14 months: Interview scheduling and final decision

Note: These timelines represent general estimates based on recent cases and are subject to change.

Why Choose Holden Law Firm for Your Adjustment of Status Case

Personal Immigration Experience

Attorney Giovanna Holden immigrated to the United States herself and understands the process from both personal and professional perspectives.

Bilingual Representation

Our team provides seamless service in both English and Spanish, ensuring nothing gets lost in translation.

Focused Immigration Expertise

We concentrate specifically on immigration law, staying current with the latest policy changes, USCIS guidance, and legal precedents like Sanchez v. Mayorkas that affect adjustment of status cases.

Comprehensive Support

Beyond just filling out forms, we provide strategic counsel, thorough preparation, and dedicated advocacy throughout your entire adjustment process.

Take the First Step Toward Your Green Card Today

Securing permanent residency through adjustment of status is a life-changing opportunity, but navigating the process requires experienced legal guidance. At Holden Law Firm, we’re committed to making your path to lawful permanent residence as smooth as possible.

Contact us today to schedule your consultation with Attorney Giovanna Holden at our Gainesville office. Let us help you build your American dream on solid legal ground.

This page is for informational purposes only and does not constitute legal advice. Immigration laws and policies change frequently. For advice specific to your situation, please consult with an attorney.

Can I travel outside the U.S. while my adjustment of status application is pending?

Unless you have an approved Advance Parole document (typically filed with Form I-131 alongside your adjustment application), leaving the U.S. during the adjustment process will generally cause your application to be considered abandoned. With approved Advance Parole, you can travel and return without jeopardizing your pending application.

Can I work while waiting for my adjustment of status to be approved?

Yes, but you’ll need an Employment Authorization Document (EAD). You can apply for this document at the same time as your adjustment application by filing Form I-765. Once approved (typically within 3-5 months), you can legally work in the United States while waiting for your green card decision.

What happens if I entered the United States without inspection?

The general rule is that you must have been inspected and admitted or paroled to be eligible for adjustment of status. However, there are exceptions, including for immediate relatives of U.S. citizens who qualify under Section 245(i), certain VAWA self-petitioners, and those who receive humanitarian parole. We can evaluate your specific situation to determine your options.

What documents do I need for my adjustment of status application?

Required documents typically include government-issued ID, birth certificate, passport, I-94 record, marriage certificate (if applicable), financial documents, medical examination results, photographs, and evidence of lawful entry. Additional documents may be needed based on your specific eligibility category.

How much does adjustment of status cost?

USCIS filing fees for adjustment of status currently total approximately $1,225 (including biometrics) for most adult applicants. Additional fees apply if filing concurrent petitions. Legal fees vary based on case complexity. During your consultation, we’ll provide a transparent breakdown of all costs associated with your specific case.

awards and honors

lawyer giovanna holden represents the Georgia immigrant community.

Hello! I am lawyer Giovanna Andrea Holden. I am dedicated to helping our Hispanic community acquire or protect their legal status

I was born in Colombia and immigrated to the United States at age 19 along with my parents and siblings. Fortunately, my maternal grandfather became a US citizen and was able to apply for us. Although the wait time was long, I managed to reach the United States before I could no longer qualify for residency due to my age.

Like many children of immigrants, I have always kept in mind the sacrifice my parents made when coming to a new country to give us a better life and more opportunities. Therefore, I decided to strive during my studies to become a lawyer. I completed my undergraduate studies at Brenau University in Gainesville, Georgia.

Giovanna Holden

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