Adjustment of Status & Green Cards

Once an immigration petition is approved, an individual must apply to transition into a Lawful Permanent Resident (Green Card holder). There are two entirely distinct pathways to achieve this depending on where the applicant currently lives: Adjustment of Status (from inside the U.S.) or Consular Processing (from outside the U.S.). Our firm ensures you choose the correct pathway, file the proper forms, and avoid mistakes that could jeopardize your ability to remain in or re-enter the country.

Pathway A

Adjustment of Status (Inside the U.S.): If you entered the United States legally and meet specific eligibility rules, you apply for your Green Card by submitting an application package (Form I-485) to USCIS without leaving the country. While your application is pending, you may also apply for temporary work permits and travel authorization.

Pathway B

Consular Processing (Outside the U.S.): If you live abroad, or are not eligible to adjust status from inside the U.S., your case is transferred to the National Visa Center (NVC) after petition approval. The NVC collects your fees and civil documents, then schedules a mandatory interview at the designated U.S. Embassy or Consulate in your home country.

Frequently Asked Questions

U.S. passport, green card, and adjustment of status application

Can I travel outside the United States while my Adjustment of Status is pending?

You should not leave the United States while your I-485 application is pending unless you have been issued an Advance Parole travel document. Leaving without authorization can cause USCIS to consider your application completely abandoned.

What happens if I need a Waiver of Inadmissibility?

Individuals completing consular processing who have spent time in the U.S. unlawfully may trigger a re-entry bar when they leave for their interview. In these cases, an applicant must secure an approved Waiver of Inadmissibility (such as an I-601A provisional waiver) before departing the United States.

Common Misconceptions

The Myth: Any immigrant physically present inside the United States can pay a fee and adjust their status to get a Green Card.

The Reality: Eligibility for adjustment of status depends heavily on how you originally entered the country, your current legal status, and your relationship to the sponsor. Navigating recent USCIS policy changes is critical to avoiding a summary denial.

Immigration Myths vs. Facts
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Contact Our Office to Schedule a Consultation

Choosing the wrong application track or going to court unprepared can result in critical delays or unexpected family separation. When you are ready to review your unique history and discuss specific legal options with an experienced attorney, please contact our Rhode Island office to arrange a formal evaluation.

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