What is adjustment of status in Charlottesville

Adjustment of status is the process by which an eligible individual who is already present in the United States applies to become a lawful permanent resident (green card holder) without having to leave the country. For residents of Charlottesville, Virginia, adjustment applications are filed with U.S. Citizenship and Immigration Services (USCIS) and are typically processed at the USCIS Washington Field Office in Fairfax. The process requires the applicant to have been inspected and admitted or paroled into the United States, to have an immigrant visa immediately available, and to meet all admissibility requirements under the Immigration and Nationality Act. Eligibility often depends on the basis for the green card—such as a family petition, employment sponsorship, or asylum. The application involves submitting Form I-485, supporting documents, and biometrics. While the general framework is federal, working with an experienced immigration attorney can help Charlottesville residents navigate the procedural requirements and respond to any requests for evidence from USCIS. To discuss adjustment of status and your specific circumstances, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

How Adjustment of Status Works for Charlottesville Residents

Because immigration is governed exclusively by federal law, the adjustment of status process is the same across the country. However, Charlottesville residents benefit from proximity to the USCIS Washington Field Office, where interviews and biometric appointments for family-based and employment-based applications are conducted. The process generally begins with a qualifying immigrant petition—often filed by a U.S. Citizen or lawful permanent resident family member, or by an employer. Once the petition is approved and a visa number is available, the applicant submits Form I-485 along with evidence of eligibility, identity, and admissibility. USCIS will schedule a biometrics appointment and, in most cases, an in-person interview before rendering a decision. Throughout the process, it is critical to respond to any Requests for Evidence (RFEs) in a timely and thorough manner. Because application backlogs and processing times can fluctuate, consulting with an attorney early helps set realistic expectations and ensures the application package is complete.

The firm’s immigration practice assists Charlottesville clients with every stage of adjustment—from evaluating eligibility and compiling the evidentiary record to preparing for the USCIS interview. Mr. Sris and the firm’s Of Counsel attorneys understand the documentation demands of family-based, employment-based, and humanitarian adjustment applications. While the timeline varies depending on USCIS caseloads and the complexity of the individual case, working with counsel can reduce the risk of delays caused by missing or incomplete filings. The firm also advises clients on related matters such as employment authorization, advance parole travel documents, and the effect of any criminal history or prior immigration violations on admissibility.

Frequently Asked Questions

What is adjustment of status?

Adjustment of status is the process by which an eligible noncitizen who was inspected and admitted or paroled into the United States applies for lawful permanent resident status without leaving the country. It allows a person to obtain a green card from within the U.S., as opposed to consular processing, which requires the applicant to attend an interview at a U.S. Embassy or consulate abroad. The legal basis for adjustment is found in section 245 of the Immigration and Nationality Act (8 U.S.C. § 1255). Eligibility typically depends on having an approved immigrant petition and an immediately available visa number. The process involves filing Form I-485, providing biometrics, and attending an interview. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Who is eligible to adjust status in Charlottesville?

Eligibility for adjustment of status requires that the applicant was inspected and admitted or paroled into the United States, has an immigrant visa immediately available, and is not subject to any bars to admissibility. Most applicants rely on a family petition (such as one filed by a U.S. Citizen spouse or parent) or an employment-based petition. Immediate relatives of U.S. Citizens (spouses, parents, and unmarried children under 21) are exempt from numerical visa caps and can adjust as soon as the petition is approved. Other categories may face waiting periods depending on visa bulletin priority dates. Charlottesville residents file their applications with the same federal standards as applicants anywhere in the country. To discuss eligibility, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

How long does adjustment of status take?

Processing times for adjustment of status vary depending on USCIS workload, the specific field office handling the case, and the complexity of the application. While some family-based cases are completed within a year, others may take longer if additional evidence is requested or if the case requires an in-depth review. The USCIS Washington Field Office, which serves Charlottesville residents, publishes current processing time estimates that can change without notice. An experienced attorney can help you understand what to expect for your particular case and can follow up with USCIS if processing falls outside normal timeframes. For a consultation, reach Mr. Sris and the firm's Of Counsel attorneys at (888) 437-7747.

What are the government filing fees for adjustment of status?

The required USCIS filing fees for adjustment of status include the Form I-485 application fee and the biometric services fee. Additional fees may apply for related applications such as employment authorization or advance parole. Fee amounts are set by USCIS and are subject to change.

Fee waivers may be available for applicants who demonstrate an inability to pay. To determine the exact fees you will need to pay and whether you may qualify for a waiver, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Can I work while my adjustment application is pending?

You may apply for employment authorization by filing Form I-765 together with your adjustment of status application or while the application is pending. This work permit, valid for a renewable period, allows you to accept employment in the United States while you wait for your green card. Processing of the I-765 application takes several months, so it is advisable to file it as early as possible. Once you receive your employment authorization document (EAD), you may begin working for any employer. For help with work authorization and concurrent filing, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What happens if my adjustment application is denied?

A denied adjustment of status application does not necessarily end your immigration options, but it is important to understand the specific ground for denial and respond quickly. In some cases, the denial may be based on a procedural deficiency that can be corrected by filing a motion to reopen or reconsider. In others, it may trigger the initiation of removal proceedings, especially if you are no longer in a lawful nonimmigrant status. An experienced immigration attorney can evaluate the denial notice and advise on whether an appeal, a new application, or some other form of relief is appropriate. To discuss a denial, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I need to attend an interview for adjustment of status?

Most adjustment of status applicants are required to attend an in-person interview at a USCIS field office. The interview is a standard part of the process during which a USCIS officer reviews the application, verifies identity, and asks questions to confirm eligibility. For Charlottesville residents, the interview is typically conducted at the USCIS Washington Field Office in Fairfax. In some employment-based cases, the interview requirement may be waived. It is important to attend the interview prepared and with all original documents. For help preparing for your adjustment interview, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Can I travel outside the United States while my adjustment application is pending?

Advance permission to travel, known as advance parole, is available to many adjustment applicants by filing Form I-131. Traveling outside the United States without advance parole while your adjustment application is pending will cause the application to be considered abandoned. It is essential to obtain an approved advance parole document before departing. Certain applicants, such as those with a valid H-1B or L visa, may travel on that visa without advance parole under specific circumstances. Consulting an attorney before making travel plans can prevent an unintended abandonment. For guidance, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

How does adjustment of status differ from consular processing?

Adjustment of status allows you to obtain a green card while remaining in the United States; consular processing requires you to complete the process at a U.S. Embassy or consulate abroad. For a Charlottesville resident who entered the U.S. Lawfully and is eligible, adjustment is often more convenient because it avoids the need for international travel and the uncertainty of a consular interview. Consular processing is typically used by individuals living outside the U.S. Or those who cannot adjust status in the country. Each route has its own procedural and strategic considerations, and an experienced attorney can help you decide which path is best for your situation. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I need a lawyer to apply for adjustment of status?

You are not legally required to hire an attorney to file for adjustment of status, but working with one can help avoid mistakes that lead to delays, requests for evidence, or denial. An experienced immigration attorney can evaluate your eligibility, ensure that your application is properly documented, and advise you on any factors—such as prior immigration violations or criminal history—that could affect your case. Because immigration law is complex and USCIS policies change, having counsel from the start can provide peace of mind. Mr. Sris and the firm's Of Counsel attorneys assist Charlottesville residents throughout the adjustment process. To discuss your case, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

About Mr. Sris and the Firm's Of Counsel Attorneys

Law Offices Of SRIS, P.C., founded in 1997, serves clients across Virginia and four other jurisdictions. Mr. Sris, Owner and Founder of the firm, is a former prosecutor who concentrates his practice on immigration and other complex matters. He and the firm's Of Counsel attorneys bring extensive combined legal experience to adjustment of status cases, assisting clients with family-based petitions, employment-based applications, and related waivers. The firm’s attorneys are admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and they appear before USCIS, immigration courts, and the Board of Immigration Appeals. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). For a consultation, reach the firm at (888) 437-7747.

Last reviewed: July 2026

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