Adjustment of Status Lawyer Virginia: Your Path to a Green Card
As of November 2025, the following information applies.
What is Adjustment of Status in Virginia?
Adjustment of Status is an immigration process that allows individuals already in the United States to apply for lawful permanent resident status (a Green Card) without having to return to their home country. This is a big deal because it means you can stay with your family and continue your life here while your application is processed. It’s often used by people who came to the U.S. legally, like on a visa, and then married a U.S. citizen or green card holder, or by certain asylum seekers. The process generally involves proving you’re eligible, filing specific forms with U.S. Citizenship and Immigration Services (USCIS), and attending an interview. Understanding whether you qualify for this path versus consular processing (applying from outside the U.S.) is the first, most important step. Don’t assume you know the answer; immigration law has many specific rules.
Real-Talk Aside: Many people get confused about the difference between a visa and a Green Card. Think of a visa as a temporary pass to enter the U.S., while a Green Card is like a permanent resident ID that lets you live and work here indefinitely.
Takeaway Summary: Adjustment of Status allows eligible individuals already in the U.S. to get a Green Card without leaving the country. (Confirmed by Law Offices Of SRIS, P.C.)
One key factor in Adjustment of Status is your immigration history. If you entered the U.S. without permission, or overstayed a visa, your options might be different. However, certain exceptions exist, especially for immediate relatives of U.S. citizens. For instance, if you’re married to a U.S. citizen, you might still be able to adjust your status even with an illegal entry, but it’s not a guarantee and requires careful preparation. This is where having knowledgeable legal help really counts. They can help you understand the specific nuances of your situation and whether any waivers or special provisions apply to you.
“My experience since founding the firm in 1997 has always been directed towards personally handling the most challenging and important legal matters our clients face, including intricate immigration cases.” – Mr. Sris
The process also involves extensive paperwork. USCIS requires specific forms, supporting documents like birth certificates, marriage certificates, financial records, and evidence of your relationship (if marriage-based). Any missing document or incorrect information can cause significant delays or even a denial. It’s not just about filling out forms; it’s about building a compelling case that meets all the government’s requirements. This can feel overwhelming, but with the right guidance, it becomes manageable.
“I find my background in accounting and information management provides a unique advantage when handling the intricate financial and documentation aspects inherent in many modern immigration cases, helping to ensure every detail is right.” – Mr. Sris
Takeaway Summary: The success of an Adjustment of Status application often hinges on careful adherence to legal requirements and thorough documentation. (Confirmed by Law Offices Of SRIS, P.C.)
How to Apply for Adjustment of Status?
Applying for Adjustment of Status in Virginia involves several steps. It’s not a quick sprint; it’s more like a marathon that needs careful planning. Here’s a general outline of what you can expect:
- **Determine Eligibility:** First, you need to figure out if you even qualify. This usually depends on how you entered the U.S. (legally or illegally, and certain exceptions), your relationship to the petitioner (e.g., U.S. citizen spouse, parent, child), and if you have any disqualifying factors like certain criminal convictions or immigration violations. This is the stage where a knowledgeable immigration lawyer can save you a lot of heartache.
- **File Form I-485 and Supporting Documents:** If you’re eligible, you’ll file Form I-485, Application to Register Permanent Residence or Adjust Status. Along with this, you’ll submit a stack of supporting documents, including your birth certificate, marriage certificate (if applicable), medical exam results (Form I-693), affidavit of support (Form I-864), and evidence of your relationship or qualifying category. It’s a lot of paper, and every piece matters.
- **Attend Biometrics Appointment:** After USCIS receives your application, you’ll typically get a notice to attend a biometrics appointment. This is where they take your fingerprints, photo, and signature for background and security checks.
- **Interview with USCIS:** Most applicants, especially those applying through marriage, will have an interview with a USCIS officer. This is your chance to answer questions about your application, provide additional documents if requested, and for marriage-based cases, prove your marriage is legitimate. Be prepared and honest.
- **Decision and Green Card Issuance:** If your application is approved after the interview (or sometimes without one, depending on the case), USCIS will mail you a notice of approval and, shortly after, your Green Card. Congratulations!
Real-Talk Aside: Sometimes, people try to handle this process themselves to save money. But a small mistake on a form or during an interview can lead to delays or even denial, costing you more in the long run and adding immense stress. It’s worth getting it right the first time.
Can I Get a Marriage-Based Green Card in Virginia if I Entered Illegally?
This is a really common and often scary question for many folks in Virginia. The simple answer is: maybe, but it’s definitely not straightforward. Generally, if you entered the U.S. without inspection (meaning you crossed the border without permission), you’re not eligible to adjust your status from within the U.S.
However, there are critical exceptions, mainly for “immediate relatives” of U.S. citizens. An immediate relative includes spouses, unmarried children under 21, and parents of U.S. citizens who are at least 21 years old. If you’re an immediate relative, and you meet certain other conditions, you might be able to adjust your status even with an illegal entry, particularly if you’re covered by Section 245(i) of the Immigration and Nationality Act. This section is complicated and applies only if you or your relative had an immigration petition filed on your behalf by a specific date.
“As someone who’s seen the law from many angles, I believe it’s important to not only practice it but also to understand its deeper workings. That’s why I’m dedicated to helping individuals through what can feel like an impossible immigration system.” – Mr. Sris
If you’re not an immediate relative, or if you don’t fit into one of the very specific exceptions for illegal entry, you might have to leave the U.S. and apply through consular processing in your home country. This often triggers a “bar” (a period of time you cannot return to the U.S.) due to your illegal presence. However, waivers for these bars exist, but they are incredibly difficult to obtain and require proving “extreme hardship” to a qualifying U.S. citizen or permanent resident relative. This area of law is incredibly sensitive and requires seasoned legal guidance. You don’t want to make a misstep here.
Takeaway Summary: While generally difficult, immediate relatives of U.S. citizens with illegal entry might have options for Adjustment of Status in Virginia, but specific exceptions and waivers apply. (Confirmed by Law Offices Of SRIS, P.C.)
Why Hire Law Offices Of SRIS, P.C.?
When your future in the U.S. is on the line, choosing the right legal partner is everything. At Law Offices Of SRIS, P.C., we get it. We understand the worries that come with immigration processes, and we’re here to help ease that burden. Our approach is direct, empathetic, and focused on getting you to your goal: a Green Card. We’ve helped countless individuals and families in Virginia navigate the path to permanent residency, including those seeking a Marriage-Based Green Card or even citizenship.
Our team brings a wealth of experience to every case. We don’t just fill out forms; we build a personalized strategy for your unique situation. We know the ins and outs of USCIS procedures and what officers look for during interviews. We prepare you thoroughly, so you feel confident and ready for every step. We’re also proactive in identifying potential issues early on, working to resolve them before they become big problems. We want you to feel secure and informed throughout your entire journey.
Choosing Law Offices Of SRIS, P.C. means choosing a team that’s committed to your success. We offer confidential case review to discuss your situation and outline your best options. Don’t go through this alone; let our knowledgeable team guide you. Call now to start your path to a Green Card.
Frequently Asked Questions
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Q: What is the main benefit of Adjustment of Status?
A: The biggest benefit is you can apply for your Green Card from within the U.S., avoiding the need to leave and potentially face travel bars or delays abroad.
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Q: How long does the Adjustment of Status process take in Virginia?
A: Processing times vary widely, usually ranging from 8 months to over 2 years, depending on the USCIS service center, case complexity, and current backlogs.
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Q: Can I work while my Adjustment of Status application is pending?
A: Yes, if you file Form I-765 (Application for Employment Authorization) concurrently with your I-485 and it’s approved, you can receive an Employment Authorization Document (EAD).
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Q: What is an Affidavit of Support (Form I-864)?
A: This is a legally binding document where a U.S. citizen or Green Card holder promises to financially support the immigrant, ensuring they won’t become a public charge.
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Q: What happens if my Adjustment of Status application is denied?
A: A denial means you typically lose your pending status. You might have options like filing a motion to reopen/reconsider, appealing the decision, or pursuing other immigration avenues.
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Q: Do I need a lawyer for Adjustment of Status?
A: While not legally required, having an experienced immigration lawyer greatly increases your chances of success, helps avoid mistakes, and simplifies a complex process.
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Q: Can a criminal record affect my Adjustment of Status?
A: Yes, certain criminal convictions can make you inadmissible to the U.S. or ineligible for Adjustment of Status. It’s crucial to discuss any record with your attorney.
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Q: What is a Marriage-Based Green Card?
A: It’s a Green Card obtained through marriage to a U.S. citizen or lawful permanent resident, allowing the foreign spouse to live and work permanently in the United States.
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Q: What evidence do I need to prove a bona fide marriage?
A: You’ll need joint bank accounts, shared utility bills, leases, photos together, affidavits from friends/family, and other documents showing a legitimate life together.
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Q: What if I have a pending divorce during my Adjustment of Status?
A: A pending divorce typically complicates or ends a marriage-based Adjustment of Status. The marriage must be legally valid and ongoing for the application to proceed.
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Q: Can children be included in an Adjustment of Status application?
A: Yes, generally, unmarried children under 21 can be included as derivative beneficiaries on their parent’s Adjustment of Status application.
