Adjustment of Status
Adjustment of Status in El Paso
Your Green Card. Your Future. Without Leaving the Country.
You’ve built a life here. You work here, your family is here, your community is here. Now you want to make it official. Adjustment of status is the legal process that allows certain individuals already living in the United States to apply for lawful permanent residency (a green card) without having to return to their home country to complete the process.
At the Law Offices of Rios, Parada & Seañez PLLC, we’ve helped hundreds of El Paso residents navigate this process successfully. We know the paperwork, the pitfalls, and exactly what USCIS is looking for. Let us guide you through it.
Call (915) 532-2333 to schedule a consultation with an attorney that cares.
What Is Adjustment of Status?
Adjustment of status (AOS) is one of two pathways under the Immigration and Nationality Act by which a foreign national can become a lawful permanent resident of the United States. Rather than applying for an immigrant visa from abroad, AOS allows eligible individuals who are already present in the country to complete the entire process here in the States.
If approved, you receive a green card: proof of your right to live and work in the United States permanently. This is a critical milestone on the path toward U.S. citizenship.
What Does Lawful Permanent Residency Mean?
A green card is more than a document. It’s a foundation on which you can build your future. As a lawful permanent resident, you have the right to:
- Live and work anywhere in the United States, without restriction
- Travel outside the U.S. and return legally
- Petition for certain close family members (spouse and unmarried children) to join you
- Access many of the same rights and protections as U.S. citizens
- Eventually apply for U.S. citizenship, typically after three to five years
Permanent residents cannot vote in federal or local elections and may be ineligible for certain federal jobs, but in virtually every other respect, they enjoy full legal standing in this country.
Do You Qualify for Adjustment of Status?
Eligibility for AOS depends on several factors. You may qualify if one or more of the following applies to you:
- You entered the U.S. lawfully and have maintained valid status.
- You have a qualifying family sponsor (spouse, parent, or child).
- You have an employer willing to sponsor you.
- You are engaged to or married to a U.S. citizen.
- You are a refugee or asylee (generally eligible to apply for a green card after one year).
- You hold a diversity visa.
- You have been present since before January 1, 1972.
If you’re unsure whether you qualify for adjustment of status, our attorneys will evaluate your situation thoroughly and advise you on the best available path forward.
The Adjustment of Status Process, Step by Step
The AOS process can seem quite confusing on the surface. While the specific steps in your case will depend on your individual circumstances, we can still provide an overview of what is generally involved:
- Determine your eligibility and basis for adjustment. Your attorney reviews your immigration history, current status, and qualifying relationship or category to confirm you’re eligible.
- File an immigrant petition. In most cases, a sponsor — a family member, employer, or in some cases yourself — must file a petition on your behalf before you can apply for AOS. The most common forms are Form I-130 (family-based) and Form I-140 (employment-based).
- Confirm visa availability. For some categories, there may be a waiting period before a visa number is available based on your country of origin and the type of preference category. Your attorney monitors this for you.
- File Form I-485. This is the core adjustment of status application. It must be completed accurately and accompanied by a specific set of supporting documents. Errors or omissions here are among the most common reasons for delays and denials.
- Complete biometrics. You’ll be scheduled for an appointment at an Application Support Center to have your fingerprints, photograph, and signature collected.
- Attend your interview. Most applicants are required to attend an in-person interview at a USCIS field office. Your attorney prepares you thoroughly for this.
- Receive a decision. USCIS will approve or deny your application, or in some cases issue a Request for Evidence (RFE) requiring additional documentation. We handle RFEs promptly and effectively.
Why El Paso Trusts Rios, Parada & Seañez PLLC
Adjustment of status is one of the most document-intensive processes in immigration law. Our attorneys have handled hundreds of these cases and know exactly what USCIS examiners scrutinize. That means we know how to make your application stand up to that scrutiny. One mistake can cost you everything — we prevent that with:
- Experienced, Dedicated Advocates
- Fully Bilingual Support
- Personalized Legal Strategies
- Compassionate & Supportive Guidance
- Commitment to Your Success
- Trust from Our Border Community
Frequently Asked Questions
Both processes lead to a green card, but through different routes. Adjustment of status is completed entirely within the United States. Consular processing requires you to apply for an immigrant visa at a U.S. embassy or consulate in your home country. AOS is generally preferred because it allows you to remain here while your case is pending, but not everyone is eligible for it.
Yes, in most cases. When you file Form I-485, you can simultaneously apply for an Employment Authorization Document (EAD) and an Advance Parole travel document. These allow you to work legally and travel outside the U.S. while waiting for your green card. However, international travel during a pending AOS requires careful planning and prior approval.
Entering without inspection (crossing the border without authorization) is one of the most common barriers to AOS eligibility. However, there are exceptions, especially for certain immediate relatives of U.S. citizens. In other cases, a waiver may be available. This is exactly the kind of situation where having an experienced attorney is essential, as the rules are complex and the consequences of a misstep are serious.
Processing times vary based on the USCIS field office handling your case, your category, and your country of birth. In general, straightforward family-based AOS cases can take anywhere from 8 to 24 months. Employment-based cases and those involving visa backlogs can take significantly longer. Your attorney will give you a realistic estimate based on current processing times.
An RFE is a notice from USCIS stating that your application is missing information or documentation needed to make a decision. It is not a denial, but it must be responded to completely and within the given deadline (typically 87 days). We help clients respond to RFEs promptly and thoroughly to keep their cases on track.
A denial can sometimes be appealed or a motion to reopen can be filed, depending on the reason for denial. In some cases, it may be possible to refile with a stronger application. Our attorneys will review the denial notice, advise you on your options, and act quickly to protect your status.
Certain criminal convictions, including crimes involving moral turpitude, drug offenses, and others, can render an applicant inadmissible for a green card. However, the rules are nuanced, and not every offense is automatically disqualifying. Some applicants may be eligible for a waiver of inadmissibility. We evaluate criminal history as part of every initial consultation.
Legally, no. But practically speaking, the stakes are too high not to have professional guidance. The forms are complex, the documentation requirements are extensive, and the consequences of errors (including being placed in removal proceedings) can be severe. Having an experienced El Paso immigration attorney in your corner is the single most effective way to protect your application.
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Let's Get You to the Finish Line
Permanent residency changes everything — your security, your opportunities, your family’s future. It’s one of the most important legal processes you’ll ever go through, and it deserves the full attention of an attorney who knows what they’re doing.
Our team is ready to review your eligibility, walk you through your options, and build the strongest possible case on your behalf. It all starts by contacting our office or calling (915) 532-2333.