From Visa to Green Card: Demystifying Immigration Processes
Your Path to Permanent Residency in the U.S.
Ajuste de estatus is the process of applying for a Green Card (lawful permanent resident status) while you are physically present in the United States. It allows you to complete your application with U.S. Citizenship and Immigration Services (USCIS) without returning to your home country for visa processing.
Quick Overview: What You Need to Know About Ajuste de Estatus
Who qualifies: Individuals currently in the U.S. who have an approved immigrant petition and an immediately available visa number
Main form: Form I-485, Application to Register Permanent Residence or Adjust Status
Key requirements: Legal entry into the U.S., physical presence, and eligibility through family, employment, or special categories
Timeline: Typically 8-14 months for family-based cases, though processing times vary
Alternative: Consular processing (for those outside the U.S. or ineligible to adjust status domestically)
For many, this journey is about changing a life of uncertainty into a secure future in the U.S. However, the process is complex. Navigating strict deadlines and changing policies can be overwhelming, and a single mistake can lead to delays or denial.
This guide simplifies the adjustment of status process. We'll cover eligibility, required forms, costs, and what to expect after you file, whether you're applying through family, employment, or another pathway.
What is Ajuste de Estatus and Who is Eligible?
Ajuste de estatus allows you to apply for a Green Card from within the United States, changing your temporary status into a permanent one without having to leave. For families in the Rio Grande Valley, this means children can stay in school and you can continue working without the expense and uncertainty of international travel. However, not everyone is eligible, and understanding the specific requirements is the first step to success.
Understanding the Core Requirements for Ajuste de Estatus
To qualify for Ajuste de estatus, you must meet several core requirements:
Physical Presence: You must be physically in the United States when you file your application.
Legal Entry: You must have entered the U.S. legally, meaning you were inspected and admitted or paroled. Certain exceptions under Section 245(i) of the Immigration and Nationality Act may apply for those who entered without inspection, but these are narrow and require expert legal guidance.
Approved Immigrant Petition: You need an approved petition that establishes your eligibility for a Green Card. This could be a Peticiones basadas en la familia filed by a relative or Peticiones basadas en empleo filed by an employer. Other pathways include asylum, refugee status, or the Diversity Visa Program.
Visa Availability: An immigrant visa must be immediately available for your category. The Department of State's monthly Visa Bulletin determines this. This requirement does not apply to immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21), as visas are always available for them.
Admissibility: You must be admissible to the U.S., meaning you are not barred due to criminal history, immigration violations, or other factors. Even minor offenses can create complications, making experienced legal counsel essential.
Ajuste de Estatus vs. Consular Processing
These are the two main paths to a Green Card. Choosing the right one is critical.
Ajuste de Estatus (Inside the U.S.)
Who it's for: Individuals already physically present in the United States who entered legally and meet all eligibility criteria.
The process: You file Form I-485 with USCIS. All steps (biometrics, interview) happen within the U.S.
The goal: To become a lawful permanent resident without leaving the country, ensuring stability for work and family.
The interview: Held at a local USCIS office, such as the one in San Antonio that serves the Rio Grande Valley.
Consular Processing (Outside the U.S.)
Who it's for: Individuals living abroad or those in the U.S. who are ineligible to adjust status (e.g., due to an unlawful entry).
The process: The application is handled by the National Visa Center (NVC) and a U.S. Embassy or Consulate abroad.
The goal: To receive an immigrant visa stamp in your passport to enter the U.S. as a permanent resident.
The interview: Requires international travel to a U.S. embassy or consulate in your home country.
Making the wrong choice can cost you time, money, and emotional stress. With our insider knowledge of USCIS and DHS, we help families determine the safest and most efficient route to permanent residency.
The Step-by-Step Guide to the Immigration Process
The Ajuste de estatus process follows a clear roadmap, from establishing eligibility to receiving your Green Card. While specifics vary, the main steps are consistent. For answers to common questions, see our Preguntas frecuentes sobre la Green Card.
Step 1: Determine Eligibility and Visa Availability
Before filing Form I-485, you need an approved immigrant petition (like Form I-130 for family or I-140 for employment). This petition gives you a priority date, which is your place in line for a Green Card.
For most categories, you must wait for your priority date to become current according to the monthly Visa Bulletin. The Department of State publishes two charts: "Dates for Filing" (when you can apply) and "Final Action Dates" (when your case can be approved). You must check the latest Visa Bulletin and the USCIS website to know when you can file. Immediate relatives of U.S. citizens can skip this wait, as a visa is always available to them.
Step 2: Filing Form I-485 for Ajuste de Estatus
Once a visa is available, you can file Form I-485. For immediate relatives of U.S. citizens, you can often file the petition (Form I-130) and Form I-485 together, which is known as concurrent filing.
Your application package must be complete and include key supporting documents:
Proof of identity and nationality (birth certificate, passport)
Proof of legal entry (I-94 record, visa stamp)
The approved immigrant petition notice (unless filing concurrently)
Form I-693, Report of Immigration Medical Examination, from a USCIS-approved civil surgeon. It's best to file this with your I-485 to avoid delays.
Form I-864, Affidavit of Support (for most family-based cases) to show you have adequate financial support.
Passport-style photos meeting USCIS specifications.
Always use the latest version of the forms from the USCIS website and mail your package to the correct address. To get electronic updates, include Form G-1145.
Step 3: After You File - Biometrics, Interview, and Decision
After filing, you'll receive a receipt notice with a case number for tracking your status online. Next, you'll attend a biometrics appointment at a local Application Support Center (ASC) to provide fingerprints, a photo, and a signature for background checks.
While your I-485 is pending, you can apply for work and travel authorization by filing Form I-765 and Form I-131 (Advance Parole). As of April 1, 2024, these forms require separate fees even when filed with an I-485.
USCIS may send a Request for Evidence (RFE) if more information is needed. A timely and complete response is crucial. USCIS will also determine if an interview is necessary. If so, you'll receive a notice with the date and location. You must bring original copies of all documents you submitted.
Finally, you'll receive a written decision. If approved, your Green Card will arrive in the mail. If denied, the notice will explain why and outline your options, such as filing a motion to reopen. This is a complex area where our firm's insider knowledge is invaluable. The entire process for family-based cases typically takes 8-14 months, but times vary.
Key Forms, Costs, and Timelines for Your Application
Understanding the practical side of Ajuste de estatus—the paperwork, costs, and waiting—helps you prepare for the journey ahead.
Required Forms and Documentation
Your application is built on several key forms and documents:
Form I-485: The main application to adjust status.
Immigrant Petition: An approved Form I-130 (family), I-140 (employment), or I-360 (special immigrant) is required first.
Form I-693: The medical examination report from a USCIS-approved civil surgeon.
Form I-765 & I-131: Optional applications for a work permit and travel document (Advance Parole) while your case is pending.
Form I-864: The Affidavit of Support, required for most family-based cases to prove financial stability.
Supporting Documents: You'll need copies of your birth certificate, passport, visa, I-94 record, and marriage certificate (if applicable), along with passport-style photos.
Understanding the Costs
Budgeting for adjustment of status is crucial. Key costs include:
Form I-485 Filing Fee: This is the main fee and usually includes the biometrics service fee. The amount varies by age.
Medical Examination Fee: Paid directly to the civil surgeon; costs vary by provider.
Fees for Other Forms: As of April 1, 2024, separate fees are required for Form I-765 (work permit) and Form I-131 (travel document).
Attorney Fees: Investing in legal counsel helps avoid costly mistakes and delays.
Other Costs: These may include fees for translations, obtaining official documents, and the Diversity Visa fee for lottery selectees.
Always use the USCIS fee calculator to confirm the exact amounts before filing, as fees change and sending the wrong amount will lead to rejection.
How Long Does the Process Take?
The answer is: it depends. For family-based preference categories, the timeline is often 8 to 14 months after a visa number becomes available. Immediate relatives of U.S. citizens usually have faster processing times.
Several factors affect your timeline:
USCIS caseloads and backlogs
The completeness of your application (an RFE adds months)
Case complexity (criminal history or immigration violations take longer)
Interview scheduling at your local office
Your priority date becoming current on the Visa Bulletin
You can check your case status online using the receipt number from your I-797C notice. The waiting is difficult, but understanding the timeline helps you manage expectations while you work and travel with your interim permits.
Navigating Special Circumstances and Post-Filing Issues
The path to a Green Card isn't always a straight line. Here's how to handle common situations that may arise during your Ajuste de estatus process.
Can My Family Adjust Status With Me?
Yes, in most cases, your spouse and unmarried children under 21 can adjust their status with you as "derivative beneficiaries." Each family member must file their own Form I-485 package, including a medical exam and supporting documents proving your relationship (birth or marriage certificates).
For children approaching their 21st birthday, the Child Status Protection Act (CSPA) can be a lifesaver. It may "freeze" a child's age for immigration purposes, preventing them from "aging out" due to long processing times.
It's also important to update your status with other agencies. For example, if your immigration status changes, you should inform the Social Security Administration. Learn more at Cambio en el estatus migratorio.
Removing Conditions on Residence (Form I-751)
If your Green Card was based on a marriage that was less than two years old at the time of approval, you will receive a conditional Green Card valid for only two years. This is to ensure the marriage is authentic.
To get your permanent 10-year Green Card, you must file Form I-751, Petition to Remove Conditions on Residence.
Timing is critical: You must file Form I-751 within the 90-day period before your conditional card expires. Missing this deadline can result in the loss of your legal status.
You and your spouse should file jointly, providing strong evidence that your marriage is bona fide (genuine). This includes documents like:
Joint financial records (bank accounts, credit cards)
Joint property ownership or leases
Birth certificates of children born to the marriage
Photos and affidavits from friends and family
If you are no longer married or have been a victim of abuse, you may be able to file for a waiver to submit the petition on your own. These cases are complex and benefit from legal guidance. After filing, USCIS will issue a receipt that extends your status while your case is pending. For more details, visit the USCIS page for Formulario I-751.
Conclusion: Secure Your Future with Expert Legal Guidance
The Ajuste de estatus process is complex and the stakes are incredibly high. A single missed deadline or incomplete form can lead to months of delays, denial, and jeopardize your future in the United States. Immigration law changes constantly, and navigating it successfully requires more than just filling out forms—it requires a proven strategy.
This is where experienced legal counsel makes all the difference. At Guerra Bravo Law Firm, attorney Iris Guerra Bravo's 14+ years of insider experience with ICE and DHS gives us a unique advantage. We don't just know the law; we know how the system works from the inside. We understand how immigration officials review applications and what it takes to build a strong case.
For families in McAllen, Brownsville, and across the Rio Grande Valley, we offer battle-tested, individualized legal strategies. We handle every detail of your Ajuste de estatus application, from determining eligibility to representing you at your USCIS interview. We proactively address potential issues, giving you peace of mind to focus on your life while we secure your future.
Your path to a Green Card is too important to leave to chance. Let us put our insider knowledge to work for you. Consulta nuestros servicios de inmigración and take the first step toward your American dream with confidence.
